40 CFR Part 282, Appendix A to Part 282 - State Requirements Incorporated by Reference in Part 282 of the Code of Federal Regulations

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Appendix A to Part 282—State Requirements Incorporated by Reference in Part 282 of the Code of Federal Regulations
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 1Short title.
Section 2Definitions.
Section 3Rules and regulations governing underground storage tanks.
Section 4Information to be furnished by owner upon request of department; owner to permit access to records and entry and inspection of facilities.
Section 6Expenditure 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 8Availability to public of records, reports, or information obtained under chapter.
Section 10Rules 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 .01Purpose.
Section .02Definitions.
Section .03Applicability.
Section .04Interim Prohibition for Deferred UST Systems.
Section .05Notification, except those USTs taken out of operation on or before January 1, 1974.
Section .06Performance Standards for New UST Systems.
Section .07Upgrading of Existing UST Systems.
Section .08Plans and Specifications.
Section .09Spill and Overfill Control.
Section .10Operation and Maintenance of Corrosion Protection.
Section .11Compatibility.
Section .12Repairs Allowed.
Section .13Reporting and Recordkeeping.
Section .14General Release Detection Systems for all UST Systems.
Section .15Release Detection Requirements for Petroleum UST Systems.
Section .16Release Detection Requirements for Hazardous Substance UST Systems.
Section .17Methods of Release Detection for Tanks.
Section .18Methods of Release Detection for Pipes.
Section .19Release Detection Recordkeeping.
Section .20Reporting of Suspected Releases.
Section .21Investigation Due to Environmental Impact.
Section .22Release Investigation and Confirmation Steps.
Section .23Reporting and Clean-up of Spills and Overfills.
Section .24Initial Release Response.
Section .25Initial Abatement Measures and Preliminary Investigation.
Section .26Preliminary Investigation Requirements.
Section .27Free Product Removal.
Section .28Secondary Investigation Requirements.
Section .29Corrective Action Plan.
Section .30Corrective Action Limits for Soils.
Section .31Corrective Action Limits for Ground Water.
Section .32Alternative Corrective Action Limits.
Section .33Risk Assessment.
Section .34Public Participation.
Section .35Analytical Requirements.
Section .36Temporary Closure.
Section .37Permanent Closure.
Section .38Site Closure or Change-in-Service Assessments.
Section .39Applicability to Previously Closed UST Systems.
Section .40Closure Records.
Section .41Alternate or Temporary Drinking Water Source.
Section .42Availability to Public of Records, Reports or information.
Section .43Access to Records.
Section .44Entry and Inspection of Facilities.
Section .46Financial Responsibility for Petroleum UST Owners and Operators.
Section .48Severability.
Arkansas
(a) The statutory provisions include:
1. Arkansas Code Annotated, Title 8, Chapter 7, Subchapter 8—Regulated Substance Storage Tanks:
Section 8-7-801Definitions and exceptions
Section 8-7-803Regulations generally
Section 8-7-804Procedures of department generally
Section 8-7-807Responsibility and liability of owner
Section 8-7-808Regulated Substance Storage Tank Program Fund
Section 8-7-810Insurance pools
Section 8-7-811Trade secrets
Section 8-7-812Subchapter controlling over other laws
Section 8-7-813Registration
2. Arkansas Code Annotated, Title 8, Chapter 7, Subchapter 9—Petroleum Storage Tank Trust Fund Act:
Section 8-7-901Title
Section 8-7-902Definitions
Section 8-7-903Rules and Regulations—Powers of department [Except (c), which addresses aboveground storage tanks.]
Section 8-7-904Advisory committee
Section 8-7-905Petroleum Storage Tank Trust Fund
Section 8-7-906Petroleum environmental assurance fee
Section 8-7-907Payments for corrective action
Section 8-7-908Third-party claims
Section 8-7-909Confidential 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
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)-101Technical 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)-102UST Systems: Design, Construction, Installation, and Notification
(a) Performance standards for new UST systems.
(b) Notification Requirements.
Section 22a-449(d)-103General 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)-104Release 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)-105Release 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)-106Release 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)-107Out-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)-108Reserved
Section 22a-449(d)-109Financial 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)-110UST 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)-111Life 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)-112UST System Location Transfer
Section 22a-449(d)-113Transfer 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 the Georgia Underground Storage Tank Act (GUSTA) (O.C.G.A. Section 12-13-1, et seq.):
Section 12-13-2—Public policy.
Section 12-13-3—Definitions.
Section 12-13-4—Exceptions to chapter.
Section 12-13-5—Rules and regulations; enforcement powers.
Section 12-13-6—Powers and duties of director.
Section 12-13-7—Performance standards applicable until rules and regulations effective.
Section 12-13-8—Investigations.
Section 12-13-9—Establishing financial responsibility; claims against guarantor; Underground storage Trust Fund.
Section 12-13-10—Environmental assurance fees.
Section 12-13-11—Corrective action for release of petroleum product into environment.
Section 12-13-12—Recovery in event of discharge or threat of discharge of regulated substance.
Section 12-13-13—Notice by owner of underground storage tank.
Section 12-13-14—Corrective action for violations of chapter, rules, etc., and for release of regulated substance into environment.
Section 12-13-15—Injunctions and restraining orders.
Section 12-13-16—Hearings and review.
Section 12-13-17—Judgement by superior court.
Section 12-13-18—Required compliance with chapter; proof that petroleum subjected to environmental fee.
Section 12-13-19—Violations; imposition of penalties.
Section 12-13-20—Action in emergencies.
Section 12-13-21—Public access to records.
Section 12-13-22—Representation by Attorney General.
(b) The regulatory provisions include the Rules of Georgia Department of Natural Resources, Environmental Protection Division, Underground Storage Tank Management:
Section 391-3-15-.01—General provisions. Amended.
Section 391-3-15-.02—Definitions, UST Exclusions, and UST Deferrals. Amended.
Section 391-3-15-.03—Confidentiality of Information. Amended.
Section 391-3-15-.04—Interim Prohibition for Deferred UST Systems. Amended.
Section 391-3-15-.05—UST Systems: Design, Construction, Installation and Notification. Amended.
Section 391-3-15-.06—General Operating Requirements. Amended.
Section 391-3-15-.07—Release Detection. Amended.
Section 391-3-15-.08—Release Reporting, Investigation, and Confirmation. Amended.
Section 391-3-15-.09—Release Response and Corrective Action for UST Systems Containing Petroleum. Amended.
Section 391-3-15-.10—Release Response and Corrective Action for UST Systems Containing Hazardous Substances. Amended.
Section 391-3-15-.11—Out-of-Service UST Systems and Closure. Amended.
Section 391-3-15-.12—UST Systems Containing Petroleum; Financial Responsibility Requirements. Amended.
Section 391-3-15-.13—Georgia Underground Storage Tank (GUST) Trust Fund. Amended.
Section 391-3-15-.14—Enforcement.
Section 391-3-15-.15—Variances.
Hawaii
(a) The statutory provisions include:
(1) Hawaii Revised Statutes, Chapter 342L, Underground Storage Tanks.
Section 342L-1Definitions (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-7.5Record maintenance
Section 342L-30Notification requirements (except paragraph (i) of this section insofar as it grants the Department authority to assess penalties for noncompliance)
Section 342L-32Standards for tanks and tank systems
Section 342L-33Release detection
Section 342L-34Reporting of releases
Section 342L-35Response to suspected or confirmed releases
Section 342L-36Financial responsibility
Section 342L-37Underground storage tank and tank system change in service and closure requirements
Section 342L-50Definitions (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-1Definitions
Section 342D-4Duties; rules
Section 342D-7Variances (Insofar as paragraph (a) of this appendix is applicable to the underground storage tank program)
Section 342D-38Hazardous substance defined
Section 342D-50Prohibition
Section 342D-51Affirmative duty to report discharges
(3) Hawaii Revised Statutes, Chapter 342E, Nonpoint Source Pollution Management and Control.
Section 342E-1Definitions
Section 342E-2Nonpoint source pollution management and control program
(b) The regulatory provisions include:
(1) Hawaii Administrative Rules, Chapter 11-281, Underground Storage Tanks
Section 11-281-01Applicability
Section 11-281-02Prohibition for deferred underground storage tanks or tank systems
Section 11-281-03Definitions (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 11-281-11Performance standards for underground storage tanks and tank systems
Section 11-281-12Tank requirements
Section 11-281-13Piping requirements
Section 11-281-14Spill and overfill prevention equipment
Section 11-281-15Installation
Section 11-281-16Certification of installation
Section 11-281-17Secondary containment
Section 11-281-18Upgrading of existing underground storage tanks and tank systems
Section 11-281-21Notification requirements for tanks brought into use before the effective date of these rules
Section 11-281-22Notification requirements for tanks brought into use on or after the effective date of these rules
Section 11-281-24Application for a permit (except insofar as paragraphs (a), (b), (c)(3), and (c)(4) of this section relate to the permitting program)
Section 11-281-25Permit (except insofar as paragraphs (a) and (b) of this section relate to the permitting program)
Section 11-281-41Spill and overfill control
Section 11-281-42Operation and maintenance of corrosion protection systems
Section 11-281-43Compatibility
Section 11-281-44Repairs
Section 11-281-45Reporting 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 11-281-51General requirements for all underground storage tanks or tank systems
Section 11-281-52Methods of release detection for tanks
Section 11-281-53Methods of release detection for piping
Section 11-281-54Release detection recordkeeping
Section 11-281-61Reporting of suspected releases
Section 11-281-62Investigation of off-site impacts
Section 11-281-63Release investigation and confirmation steps
Section 11-281-64Reporting and cleanup of spills and overfills
Section 11-281-71General
Section 11-281-72Immediate response actions
Section 11-281-74Initial abatement measures and site assessment
Section 11-281-75Initial site characterization
Section 11-281-76Free product removal
Section 11-281-77Investigation of soil and ground water contamination
Section 11-281-78Site cleanup criteria
Section 11-281-78.1Notification of confirmed releases
Section 11-281-79Corrective action plan
Section 11-281-80Public participation for corrective action plans [except paragraph (j) insofar as it sets forth enforcement authorities]
Section 11-281-80.1Reporting and recordkeeping
Section 11-281-81Temporary closure
Section 11-281-82Permanent closure and change-in-service
Section 11-281-83Site assessment
Section 11-281-84Previously closed underground storage tanks or tank systems
Section 11-281-85Closure records
Section 11-281-91Applicability
Section 11-281-93Definition of terms
Section 11-281-94Amount and scope of required financial responsibility
Section 11-281-95Allowable mechanisms and combinations of mechanisms
Section 11-281-96Financial test of self-insurance
Section 11-281-97Guarantee
Section 11-281-98Insurance and risk retention group
Section 11-281-99Surety bond
Section 11-281-100Letter of credit
Section 11-281-101Trust fund
Section 11-281-102Standby trust fund
Section 11-281-103Local government bond rating test
Section 11-281-104Local government financial test
Section 11-281-106Local government guarantee
Section 11-281-107Local government fund
Section 11-281-108Substitution of financial assurance mechanisms by owner or operator
Section 11-281-109Cancellation or nonrenewal by a provider of financial assurance
Section 11-281-110Reporting by owner or operator
Section 11-281-111Recordkeeping
Section 11-281-112Drawing on financial assurance mechanisms
Section 11-281-113Release from financial responsibility
Section 11-281-114Bankruptcy or other incapacity of owner or operator or provider of financial assurance
Section 11-281-115Replenishment of guarantees, letters of credit, or surety bonds
Section 11-281-131Appendices 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 11-264-190Applicability
Section 11-264-191Assessment of existing tank system's integrity
Section 11-264-192Design and installation of new tank systems or components
Section 11-264-193Containment and detection of releases
Section 11-264-194General operating requirements
Section 11-264-195Inspections
Section 11-264-196Response to leaks or spills and disposition of leaking or unfit-for use tank systems
Section 11-264-197Closure and post-closure care
Section 11-264-198Special requirements for ignitable or reactive wastes
Section 11-264-199Special requirements for incompatible wastes
Section 11-264-200Air emission standards
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 100Statement of legislative findings
Section 101Citation of Act
Section 102Definitions
Section 103Exceptions to application of Act
Section 104Notification
Section 105Rules 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 106Permits 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 107Evidence of financial responsibility required; limitation of liability
Section 115Liability for costs of corrective action
Section 118Corrective 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 12General provisions
Section 13Program scope and interim prohibition
Section 14Definitions
Section 15Application for installation or modification of an underground storage tank
Section 16Underground storage tank systems: design, construction, installation and notification
Section 17Underground storage tank operating permit
Section 19General operating requirements
Section 23Release detection, except for 28-44-23(b)(5)
Section 24Release reporting, investigation, and confirmation
Section 25Release response and corrective action for underground storage tank systems containing petroleum or hazardous substances
Section 26Out-of-service underground storage tank systems and closure
Section 27Financial responsibility
Louisiana
(a) The statutory provisions include:
1. Louisiana Environmental Quality Act, Louisiana Revised Statutes Title 30
Section 2194Underground Storage Tanks; Registration
Section 2195Underground Storage Tank Trust Fund
Section 2195.1Underground Motor Fuel Storage Tank Remediation Agreements
Section 2195.2Uses of the Trust
Section 2195.3Source of Funding; Limitations on Disbursements from the Trust; Limit on Amount in Trust
Section 2195.4Procedures for Disbursements from the Fund Trust
Section 2195.5Audits
Section 2195.6Ownership of Trust
Section 2195.7No Inference of Liability on the Part of the State
Section 2195.8Advisory Board
Section 2195.9Financial Responsibility
Section 2195.10Voluntary Cleanup, Private Contracts; Exemptions
(b) The regulatory provisions include:
1. Louisiana Environmental Regulatory Code, Part XI: Underground Storage Tanks, Chapter 1—Program Applicability and Definitions
Section 101Applicability
Section 103Definitions
2. Chapter 3—Registration Requirements, Standards, and Fee Schedule
Section 301Registration Requirements
Section 303Standards for UST Systems
Section 305Interim Prohibitions for Deferred UST Systems
Section 307Fee Schedule
3. Chapter 5—General Operating Requirements
Section 501Spill and Overfill Control
Section 503Operation and Maintenance of Corrosion Protection
Section 505Compatibility
Section 507Repairs Allowed
Section 509Reporting and Recordkeeping
4. Chapter 7—Methods of Release Detection and Release Reporting, Investigation, Confirmation, and Response
Section 701Methods of Release Detection
Section 703Requirements for Use of Release Detection Methods
Section 705Release Detection Recordkeeping
Section 707Reporting of Suspected Releases
Section 709Investigation due to Off-site Impacts
Section 711Release Investigation and Confirmation Steps
Section 713Reporting and Cleanup of Spills and Overfills
Section 715Release Response and Corrective Action for UST Systems Containing Petroleum or Hazardous Substances
5. Chapter 9—Out-of-Service UST Systems and Closure
Section 901Applicability to Previously Closed UST Systems
Section 903Temporary Closure
Section 905Permanent Closure and Changes-in-Service
Section 907Assessing the Site at Closure or Changes-in-Service
6. Chapter 11—Financial Responsibility
Section 1101Applicability
Section 1103Compliance Dates
Section 1105Definition of Terms
Section 1107Amount and Scope of Required Financial Responsibility
Section 1109Allowable Mechanisms and Combinations of Mechanisms
Section 1111Financial Test of Self-Insurance
Section 1113Guarantee
Section 1115Insurance and Risk Retention Group Coverage
Section 1117Surety Bond
Section 1119Letter of Credit
Section 1121Use of the Underground Motor Fuel Storage Tank Trust
Section 1123Trust Fund
Section 1125Standby Trust Fund
Section 1127Substitution of Financial Assurance Mechanisms by Owner or Operator
Section 1129Cancellation or Nonrenewal by a Provider of Financial Assurance
Section 1131Reporting by Owner or Operator
Section 1133Recordkeeping
Section 1135Drawing on Financial Assurance Mechanisms
Section 1137Release from the Requirements
Section 1139Bankruptcy or Other Incapacity of Owner or Operator or Provider of Financial Assurance
Section 1141Replenishment of Guarantees, Letters of Credit, or Surety Bonds
Maine
The following is an informational listing of the state requirements incorporated by reference in part 282 of the Code of Federal Regulations:
(a) The statutory provisions include: Maine Revised Statutes Annotated, 1990, Tile 38. Subchapter 11-B Underground Oil Storage Facilities and Groundwater Protection.
Section 561—Findings; Purpose
Section 562-A—Definitions
Section 563—Registration of underground oil storage tanks
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
Section 566-A—Abandonment of underground oil storage facilities and tanks
Section 567—Certification of underground tank installers
Section 568—Cleanup and removal of prohibited discharges
Section 568-A—Fund coverage requirements
Section 568-B—Fund Insurance Review Board
Section 569-A—Ground water Oil Clean-up Fund
Section 570—Liability
(b) The regulatory provisions include State of Maine, Department of Environmental Protection, Regulation for Registration, Installation, Operation and Closure of Underground Storage Facilities Chapter 691, September 16, 1991:
Section 1. Legal Authority
Section 2. Preamble
Section 3. Definitions
Section 4. Registration of Underground Oil Storage Tanks
Section 5. Regulation of Motor Fuel, Marketing & Distribution Facilities
A. Applicability
B. Design and Installation Standards for New and Replacement Facilities
C. Retrofitting Requirements for Existing Facilities
D. Monitoring, Maintenance, & Operating Procedures for Existing, New & Replacement Facilities & Tanks
E. Facility Closure and Abandonment
Section 7. Regulation of Facilities for the Underground Storage of Waste Oil
A. Applicability
B. Design and Installation Standards
C. Operation, Maintenance, Testing, Requirements for Existing, New and Replacement Facilities
D. Closure & Abandonment of Waste Oil Facilities
Section 8. Regulation of Field Constructed Underground Oil Storage Tanks
Section 10. Regulation of Pressurized Airport Hydrant Piping Systems
Section 11. Regulations for Closure of Underground Oil Storage Facilities
A. Facility Closure Requirements
B. Temporarily Out of Service Facilities and Tanks
C. Abandonment by Removal
D. Abandonment by Filling in Place
E. Notification Requirements
Section 12. Discharge and Leak Investigation, Response and Corrective Action Requirements
Section 13. Severability
Appendix A: Cathodic Protection Monitoring
Appendix B: Hydrostatic Piping Line Tightness Tests
Appendix C: Requirements for Pneumatic Testing
Appendix D: Installation of Underground Tanks
Appendix E: Installation for Underground Piping
Appendix F: Specification for Ground Water Vertical Monitoring Wells
Appendix H: Monitoring and Obtaining Samples for Laboratory Analysis
Appendix J: Requirements for Abandonment by Removal
Appendix K: Requirements for Abandonment in Place
Massachusetts
(a) The statutory provisions include: General Laws of Massachusetts, Chapter 148, Section 38, 38A, B, C, and E:
Chapter 148
Section 38—Rules and Regulations
Section 38A—Prohibition of Removal of Certain Gasoline Tanks without Permit
Section 38B—Underground Storage Tanks; Definitions
Section 38C—Notification of Department of Public Health by Owners of Underground Storage Tanks
Section 38E—Regulations Governing Underground Storage Tanks
Massachusetts General Law, Chapter 21E, The Massachusetts Oil and Hazardous Materials Release Prevention and Response Act, July 1, 1992.
Section 1—Title of Chapter
Section 2—Definitions
Section 3—Securing of benefits of FWPCA, CERCLA, etc. Massachusetts Contingency
Plan; promulgation of necessary regulations
Section 4—Response actions to release or threatened release of oil or hazardous material; assessment, containment, and removal actions in accordance with Massachusetts contingency plan
Section 5—Liability of release or threat of release of oil or hazardous material; apportionment of costs; treble damages; nullification of indemnification, hold harmless, or similar agreements
Section 6—Prevention of control of release of hazardous materials; regulations of department; contingency plans; monitoring equipment
Section 7—Notice of requirements; release or threat of release of oil or hazardous material; exceptions
(b) The regulatory provisions include: State of Massachusetts, Board of Fire Prevention Regulations, 527 CMR 9.00-9.02 and 9.05, 9.06(C)-(E), and 9.07(A)-(I) and (K)-(L) (effective July 3, 1993); and Massachusetts Environmental Protection Rules, 310 CMR 40.0000 Subparts A-O insofar as they pertain to underground storage tanks and are not broader in scope than the federal requirements, as set forth below:
(1) State of Massachusetts, Board of Fire Prevention Regulations, 527 CMR 9.00: Tanks and Containers, (effective July 3, 1993):
Section 9.01—Purpose and Scope
Section 9.02—Definitions
Section 9.05—Underground Storage Tanks
Section 9.05(A)(1)-(3) and (5)-(8)—Design and Construction of New or Replacement Underground Tanks
Section 9.05(B)—Underground Piping
Section 9.05(C)—Underground Tank Installation
Section 9.05(D)—Leak Detection Equipment, Testing and/or Inventory Requirements for Underground Tanks
Section 9.05(E)—Inventory Methods for Underground Tanks
Section 9.05(F)—Testing for Tightness of Underground Storage Facilities
Section 9.05(G)—Upgrading of Existing Underground Storage Tank Systems
Section 9.06(C)—Upgrade of Existing Underground Waste Oil Storage Tank Systems
Section 9.06(D)—Product Transfer
Section 9.06(E)—Non-Flammable Hazardous Substances
Section 9.07—General Provisions
Section 9.07(A)—Material and Construction of All Tanks and Containers
Section 9.07(B)—Fill and Vent Pipes for All Tanks and Containers
Section 9.07(C)—Piping for All Tanks
Section 9.07(D)—Pumping System
Section 9.07(E)—Pressure Vessels
Section 9.07(F)—Response to Leaks
Section 9.07(G)—Tank Repair and Relining
Section 9.07(H)—Tanks Abandoned and Temporarily Out of Service
Section 9.07(I)—Tank Removal
Section 9.07(K)—Permits
Section 9.07(L)—Financial Responsibility Requirements
(2) Massachusetts Environmental Protection Rules, 310 CMR, Section 40.000, Massachusetts Contingency Plan, (effective October 1, 1993) 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
Subpart B—Organization and Responsibility
Subpart C—Notification of Releases and Threats of Release of Oil and Hazardous Material; Identification and Listing of Oil and Hazardous Materials
Subpart D—Preliminary Response Action and Risk Reduction Measures
Subpart E—Tier Classification and Response Action Deadlines
Subpart F—Transition Provisions
Subpart G—Tier I Permits
Subpart H—Comprehensive Response Action
Subpart I—Risk Characterization
Subpart J—Response Action Outcomes
Subpart K—Audits and Compliance Assistance
Subpart L—Cost Recovery, Lien Hearings and Petitions for Reimbursement of Incurred Costs
Subpart M—Administrative Record
Subpart N—Public Involvement and Technical Grants
Subpart O—Numerical Ranking System and Scoring Instructions
Minnesota
(a) The statutory provisions include:
(1) Minnesota Statutes, Chapter 13, Government Data Practices
M. S. 13.01Government Data
M. S. 13.02Collection, security, and dissemination of records; definitions
M. S. 13.03Access to government data
M. S. 13.04Rights of subjects of data
M. S. 13.05Duties of responsible authority
M. S. 13.06Temporary classification
M. S. 13.07Duties of the commissioner
M. S. 13.3806Public 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. 13.741Pollution control; environmental quality data
M. S. 13.7411Pollution 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. 115.01Definitions
M. S. 115.061Duty to notify and avoid water pollution
(3) Minnesota Statutes, Chapter 115B, Environmental Response and Liability
M. S. 115B.17State 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.01Citation
M. S. 115C.02Definitions
M. S. 115C.021Responsible person
M. S. 115C.03Response to releases [except subd. 10 insofar as it applies to contractors and consultants, who are not regulated under the federal program.]
M. S. 115C.06Effect on other law
M. S. 115C.07Petroleum tank release compensation board
M. S. 115C.08Petroleum tank fund [except subd. 3, which imposes a petroleum tank release cleanup fee on petroleum distributors]
M. S. 115C.09Reimbursement [except subd. 5(b) and 6, which set forth enforcement authorities]
M. S. 115C.092Tank Removals; Payment for pre-removal site assessment
(5) Minnesota Statutes, Chapter 115E, Oil and Hazardous Substance Discharge Preparedness
M. S. 115E.01Definitions
M. S. 115E.02Duty to prevent discharges
(6) Minnesota Statutes, Chapter 116, Pollution Control Agency
M. S. 116.06Definitions
M. S. 116.46Definitions [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. 116.47Exemptions [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. 116.48Notification 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. 116.49Environmental protection requirements
(7) Minnesota Statutes, Chapter 299F, Fire Marshal
M. S. 299F.011Uniform Fire Code; adoption; subd. 1, 3, 4: Authority; Rules for code administration and enforcement; Applicability; local authority
M. S. 299F.19Flammable liquids and explosives; subd. 1: Rules
(b) The regulatory provisions include:
(1) Minnesota Rules, Chapter 2890, Petroleum Tank Releases
2890.0010Definitions
2890.0060Reimbursement of Costs
2890.0065Reduction of Reimbursement Amount
2890.0070Eligible Costs
2890.0071Ineligible Costs
2890.0072Overview of Rules Governing Reasonableness of Costs for Consultant Services
2890.0073Definitions Related to Consultant Services
2890.0074Written Proposal and Invoice Required for Consultant Services
2890.0075Reasonableness of Work Performed; Standard Tasks for Each Step of Consultant Services
2890.0076Maximum Costs for Consultant Services
2890.0077Competitive Bidding Requirements for Consultant Services Proposals
2890.0078Deviations from Standard Tasks and Maximum Costs for Consultant Services
2890.0079Reasonable, Necessary, and Actual Consultant Services Costs
2890.0080Overview of Rules Governing Reasonableness of Costs for Contractor Services
2890.0081Definitions Related to Contractor Services
2890.0082Maximum Costs for Contractor Services
2890.0083Competitive Bidding Requirements for Contractor Services
2890.0084Deviations from Maximum Costs for Contractor Services
2890.0085Reasonable, Necessary, and Actual Costs
2890.0086Invoice
2890.0089Exemptions from Competitive Bidding
2890.0090Application Process
2890.0120Funding of MPCA Actions
(2) Minnesota Rules, Chapter 7045—Minnesota Pollution Control Agency, Hazardous Waste Division, Hazardous Waste
7045.0275Management of Hazardous Waste Spills
(3) Minnesota Rules, Chapter 7060-Minnesota Pollution Control Agency, Water Quality Division, Underground Waters
7060.0300Definitions
7060.0500Nondegradation Policy
7060.0600Standards; subp. 2, 3, 4: Prohibition against discharge into unsaturated zone; Control measures; Toxic pollutants
7060.0800Determination of Compliance
(4) Minnesota Rules, Chapter 7105-Minnesota Pollution Control Agency, Water Quality Division, Underground Storage Tanks: Training
7105.0010Definitions [except subp. 25, insofar as it includes vessels, enclosures, and structures—which are exempt from the federal program—in the definition of UST.]
7105.0020Purpose
7105.0030General Provisions; subp. 3: Tank owner or operator requirements
7105.0040Exclusions [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
7150.0010Applicability [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.]
7150.0020Interim Standards for Deferred Underground Storage Tank Systems
7150.0030Definitions [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]
7150.0100Performance Standards for New Underground Storage Tank Systems
7150.0110Upgrading of Existing Underground Storage Tank Systems
7150.0120Notification Requirements
7150.0200Spill and Overfill Control
7150.0210Operation and Maintenance of Corrosion Protection
7150.0220Compatibility
7150.0230Repairs Allowed
7150.0240Reporting and Recordkeeping
7150.0300General 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]
7150.0310Requirements for Petroleum Underground Storage Tank Systems
7150.0320Requirements for Hazardous Material Underground Storage Tank Systems
7150.0330Methods of Release Detection for Tanks
7150.0340Methods of Release Detection for Piping
7150.0350Release Detection Recordkeeping
7150.0400Temporary Closure
7150.0410Permanent Closure and Changes-in-Service to Storage of Nonregulated Substances
7150.0420Assessing the Site at Closure or Change in Service
7150.0430Applicability to Previously Closed Underground Storage Tank Systems
7150.0440Closure Records
(6) Minnesota Rules, Chapter 7510—Department of Public Safety, Fire Marshal Division, Fire Safety
7510.3670Liquefied 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.
49-17-401Short title
49-17-403Definitions
49-17-405Groundwater protection fund; duties of executive director; liability of tank owners; limitation on provisions of chapter and section
49-17-407Environmental protection fee on motor fuels; deposit of fees; limits on use of fund; third party claims
49-17-409Reports of contamination incidents; no recourse against tank owner; exceptions
49-17-411Compliance with regulations
49-17-413Rules and Regulations
49-17-417Groundwater protection advisory committee
49-17-419Authority of commission to take timely and effective corrective action; use of funds from pollution emergency fund
49-17-421Tank regulatory fee
49-17-423Commission to administer funds from Leaking Underground Storage Tank Trust Fund
49-17-425Disclosure of records, reports, and information
49-17-433Savings clause
49-17-435Annual 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
280.10Applicability
280.11Interim Prohibition for deferred UST systems
280.12Definitions
Subpart B—UST Systems: Design, Construction, Installation, and Notification
280.20Performance standards for new UST systems
280.21Upgrading of existing UST systems
280.22Notification requirements
Subpart C—General Operating Requirements
280.30Spill and overfill control
280.31Operation and maintenance of corrosion protection
280.32Compatibility
280.33Repairs allowed
280.34Reporting and recordkeeping
Subpart D—Release Detection
280.40General requirements for all UST systems
280.41Requirements for petroleum UST systems
280.42Requirements for hazardous substance UST systems
280.43Methods of release detection for tanks
280.43Methods of release detection for piping
280.44Release detection recordkeeping
Subpart E—Release Reporting, Investigation, and Confirmation
280.50Reporting of suspected releases
280.51Investigation due to off-site impacts
280.52Release investigation and confirmation steps
280.53Reporting and cleanup of spills and overfills
Subpart F—Release Response and Corrective Action for UST Systems Containing Petroleum or Hazardous Substances
280.60General
280.61Initial response
280.62Initial abatement measures and site check
280.63Initial site characterization
280.64Free product removal
280.65Investigations for soil and groundwater cleanup
280.66Corrective action plan
280.67Public participation
Subpart G—Out-of-Service UST Systems and Closure
280.70Temporary closure
280.71Permanent closure and changes-in-service
280.72Assessing the site at closure or change-in-service
280.73Applicability to previously closed UST systems
280.74Closure records
2. Financial Responsibility Requirements for Underground Storage Tanks Containing Petroleum.
280.90Applicability
280.91Compliance dates
280.92Definition of terms
280.93Amount and scope of required financial responsibility
280.94Allowable mechanisms and combinations of mechanisms
280.95Financial test of self-insurance
280.96Guarantee
280.97Insurance and risk retention group coverage
280.98Surety bond
280.99Letter of credit
280.100Use of state-required mechanism
280.101State fund or other state assurance
280.102Trust fund
280.103Standby trust fund
280.104Substitution of financial assurance mechanisms by owner or operator
280.105Cancellation or nonrenewal by a provider of financial assurance
280.106Reporting by owner or operator
280.107Recordkeeping
280.108Drawing on financial assurance mechanisms
280.109Release from the requirements
280.110Bankruptcy or other incapacity of owner or operator or provider of financial assurance
280.111Replenishment of guarantees, letters of credit, or surety bonds
3. Mississippi Groundwater Protection Trust Fund Regulations.
Section IGeneral Intent
Section IILegal Authority
Section IIIDefinitions
Section XIVEligibility for Reimbursement from the Mississippi Groundwater Protection Trust Fund
Section XVReimbursable Costs
Section XVIFunds Disbursement
Section XVIIThird Party Claims
Section XVIIIDenial of Claims
Section XIXTank Regulatory Fees
Section XXIProperty Rights
Nevada
(a) The statutory provisions include:
(1) Nevada Revised Statute Chapter 459, Underground Storage Tank Program (1992), Nevada Revised Statue 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 Statue 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 New Hampshire Revised Statutes Annotated 1955, 1990 Replacement Edition, and 1992 Cumulative Supplement, Chapter 146-C, Underground Storage Facilities:
Section 146-C:1Definitions, except for the following words in 146-C:1. XII, “heating or.”
Section 146-C:2Discharges Prohibited.
Section 146-C:3Registration of Underground Storage Facilities.
Section 146-C:4Underground Storage Facility Permit Required.
Section 146-C:5Records Required; Inspections.
Section 146-C:6Transfer of Ownership.
Section 146-C:6-aExemption.
Section 146-C:7New Facilities.
Section 146-C:8Prohibition Against Reusing Tanks.
Section 146-C:9Rulemaking.
Section 146-C:11Liability for Cleanup Costs; Municipal Regulations.
Section 146-C:12Federal Assistance and Private Funds.
(b) The regulatory provisions include:
(1) New Hampshire Code of Administrative Rules (November 1990) Part Env-Ws 411, Control of Underground Storage Facilities:
Section 411.01Purpose, except for the following words, “heating oils.”
Section 411.02Applicability, except for 411.02(d).
Section 411.05Change in Use.
Section 411.06Information Required for Registration.
Section 411.07Permit to Operate.
Section 411.08Transfer of Facility Ownership.
Section 411.10Financial Responsibility.
Section 411.11Inventory Monitoring.
Section 411.12Regulated Substance Transfers.
Section 411.13Tightness Testing.
Section 411.14Certification of Technicians Performing Tightness Tests.
Section 411.15Tightness Test Failures.
Section 411.16Unusual Operating Conditions.
Section 411.17Temporary Closure.
Section 411.18Permanent Closure.
Section 411.19Prohibition Against Reusing Tanks.
Section 411.20Requirements for Approval of Underground Storage Systems.
Section 411.21Tank Standards for New Underground Storage Systems.
Section 411.22Piping Standards for New Underground Storage Systems.
Section 411.23Secondary Containment for New Tanks.
Section 411.24Secondary Containment for New Pressurized Piping.
Section 411.25Spill Containment and Overfill Protection.
Section 411.26Leak Monitoring for New Tanks.
Section 411.27Leak Monitoring for New Underground Piping Systems.
Section 411.28Installation of New Underground Storage Systems.
Section 411.29Release Detection for Tanks Without Secondary Containment and Leak Monitoring, except for the following words in 411.29(a), “With the exception of on premise use heating oil systems.”
Section 411.30Release Detection for Piping.
Section 411.31Operation of Leak Monitoring Equipment.
Section 411.32Corrosion Protection for Steel Tanks.
Section 411.33Corrosion Protection for Piping.
Section 411.34Submission of Corrosion Protection Plan.
Section 411.35Relining Steel Tanks.
Section 411.36Repair of Fiberglass-Reinforced Plastic Tanks.
Section 411.37Repair and Replacement of Piping Systems.
Section 411.38Field Fabricated Tanks.
Section 411.39Secondary Containment for Hazardous Substance Systems.
Section 411.40Waivers.
(2) New Hampshire Code of Administrative Rules (November 1990) Part Env-Ws 412, Reporting and Remediation of Oil Discharges:
Section 412.01Purpose.
Section 412.05Initial Response Action.
Section 412.06Abatement Measures.
Section 412.07Free Product Removal.
Section 412.08Initial Site Characterization.
Section 412.09Investigation Due to Discovery of Discharges from Unknown Sources.
Section 412.10Site Investigation.
Section 412.11Site Investigation Report.
Section 412.12Remedial Action Plan.
Section 412.13Public Notification.
Section 412.14Waivers.
New Mexico
(a) The statutory provisions include:
1. New Mexico Statutes 1978 Annotated, Chapter 74, Environmental Improvement (1993 Replacement Pamphlet and 1994 Supplement)
a. Article 4: Hazardous Wastes
74-4-1Short Title
74-4-2Purpose
74-4-3Definitions
74-4-3.1Application of Act
74-4-3.3Hazardous Wastes of Other States
74-4-4Duties and Powers of the Board
74-4-4.1Hazardous Agricultural Waste; Duties and Responsibilities of the Department of Agriculture
74-4-4.4Underground Storage Tanks; Registration; Installer Certification; Fees [Except insofar as it applies to individuals other than UST owners and operators.]
74-4-4.5Hazardous Waste Fund Created; Appropriation
74-4-4.7Permit Applicant Disclosure
74-4-4.8Underground Storage Tank Fund Created; Appropriation
74-4-5Adoption of Regulations; Notice and Hearing
74-4-7Containment and Cleanup of Hazardous Substance Incidents; Division Powers
74-4-8Emergency Fund
74-4-9Existing Hazardous Waste Facilities; Interim Status
74-4-10.1Hazardous Waste Monitoring; Analysis and Testing
b. Article 6: Water Quality
74-6-1Short Title
74-6-2Definitions
74-6-3Water Quality Control Commission Created
74-6-3.1Legal Advice
74-6-4Duties and Powers of Commission
74-6-5Permits; Certification; Appeals to Commission
74-6-5.1Disclosure Statements
74-6-5.2Water Quality Management Fund Created
74-6-6Adoption of Regulations and Standards; Notice and Hearing
74-6-8Duties of Constituent Agencies
74-6-9Powers of Constituent Agencies
74-6-12Limitations
74-6-13Construction
74-6-14Recompiled
74-6-15Confidential Information; Penalties
74-6-16Effect and Enforcement of Water Quality Act During Transition
74-6-17Termination of Agency Life; Delayed Repeal
c. Article 6B: Ground Water Protection
74-6B-1Short Title
74-6B-2Findings; Purpose of Act
74-6B-3Definitions
74-6B-4Underground Storage Tank Committee; Creation; Terms; Powers and Duties
74-6B-6Civil Liability for Damage to Property from Leaking Underground Storage Tank
74-6B-7Corrective Action Fund Created; Authorization for Expenditures
74-6B-8Liability; Cost Recovery
74-6B-9Underground Storage Tank Fee; Deposit in Underground Storage Tank Fund
74-6B-10Act Does not Create Insurance Company or Fund
74-6B-12Early Response Team Created
74-6B-13Payment Program
74-6B-14State Liability; Insufficient Balance in the Fund
(b) The regulatory provisions include:
1. State of New Mexico Environmental Improvement Board Underground Storage Tank Regulations
a. Part I: General Provisions
Section 100Purpose
Section 101Legal Authority
Section 102Definitions
Section 103Applicability
b. Part II: Registration of Tanks
Section 200Existing Tanks
Section 201Transfer of Ownership
Section 202New UST System
Section 203Substantially Modified UST Systems
Section 204Notification of Spill or Release
Section 205Emergency Repairs and Tank Replacement
Section 206Application Forms
Section 207Registration Certificate
c. Part III: Annual Fee
Section 300Payment of Fee
Section 301Amount of Fee
Section 302Late Payment Penalties
d. Part IV: New and Upgraded UST Systems: Design, Construction, and Installation
Section 400Performance Standards for New UST Systems
Section 401Upgrading of Existing UST Systems
Section 402Certificate of Compliance; Notification Requirements
e. Part V: General Operating Requirements
Section 500Spill and Overfill Control
Section 501Operation and Maintenance of Corrosion Protection
Section 502Compatibility
Section 503Repairs Allowed
Section 504Reporting and Recordkeeping
Section 505Inspections, Monitoring and Testing
f. Part VI: Release Detection
Section 600General Requirements for All UST Systems
Section 601Requirements for Petroleum UST Systems
Section 602Requirements for Hazardous Substance UST Systems
Section 603Methods of Release Detection for Tanks
Section 604Methods of Release Detection for Piping
Section 605Release Detection Recordkeeping
g. Part VII: Release Reporting, Investigation, and Confirmation
Section 700Reporting of Suspected Releases
Section 701Investigation Due to Off-Site Impacts
Section 702Release Investigation and Confirmation Steps
Section 703Reporting and Cleanup of Spills and Overfills
h. Part VIII: Out-of-Service Systems and Closure
Section 800Temporary Closure
Section 801Permanent Closure and Changes-in-Service
Section 802Assessing the Site at Closure or Change-in-Service
Section 803Applicability to Previously Closed UST Systems
Section 804Closure Records
i. Part IX: Financial Responsibility
Section 900Applicability
Section 901Compliance Dates
Section 902Definition of Terms
Section 903Amount and Scope of Required Financial Responsibility
Section 904Allowable Mechanisms and Combinations of Mechanisms
Section 905Financial Test of Self-Insurance
Section 906Guarantee
Section 907Insurance and Risk Retention Group Coverage
Section 908Surety Bond
Section 909Letter of Credit
Section 910Use of State-Required Mechanism
Section 911State Fund or Other State Assurance
Section 912Trust Fund
Section 913Standby Trust Fund
Section 914Substitution of Financial Assurance Mechanisms by Owner or Operator
Section 915Cancellation or Nonrenewal by a Provider of Financial Assurance
Section 916Reporting by Owner or Operator
Section 917Recordkeeping
Section 918Drawing on Financial Assurance Mechanisms
Section 919Release from the Requirements
Section 920Bankruptcy or Other Incapacity of Owner or Operator or Provider of Financial Assurance
Section 921Replenishment of Guarantees, Letters of Credit, or Surety Bonds
Section 922Suspension of Enforcement [Reserved]
j. Part XI: Miscellaneous
Section 1100Compliance with Other Regulations
Section 1101Construction
Section 1102Severability
k. Part XII: Corrective Action for UST Systems Containing Petroleum
Section 1200General
Section 1201Definitions
Section 1202Initial Response
Section 1203Initial Abatement
Section 120472 Hour and 7 Day Reporting Requirements
Section 1205On-Site Investigation
Section 1206Report on the On-Site Investigation
Section 1207Split Samples and Sampling Procedures
Section 1208Free Product Removal
Section 1209Treatment of Highly Contaminated Soils
Section 1210Hydrogeologic Investigation
Section 1211Review and Approval of Hydrogeologic Investigation
Section 1212Reclamation Proposal
Section 1213Public Notice of Reclamation Proposal
Section 1214Review and Approval of Reclamation Proposal
Section 1215Implementation of Reclamation Proposal
Section 1216Quarterly Reports
Section 1217Evaluation of Corrective Action System
Section 1218Modification of Reclamation Proposal
Section 1219Termination of Reclamation
Section 1220Technical Infeasibility for Completion of Reclamation
Section 1221Request for Extension of Time
Section 1222Request for Variance
l. Part XIII: Corrective Action for UST Systems Containing Other Regulated Substances
Section 1300General
Section 1301Definitions
Section 1302Initial Response
Section 1303Initial Abatement
Section 130472 Hour and 7 Day Reporting Requirements
Section 1305On-Site Investigation
Section 1306Report on the On-Site Investigation
Section 1307Split Samples and Sampling Procedures
Section 1308Hydrogeologic Investigation
Section 1309Review and Approval of Hydrogeologic Investigation
Section 1310Reclamation Proposal
Section 1311Public Notice of Reclamation Proposal
Section 1312Review and Approval of Reclamation Proposal
Section 1313Implementation of Reclamation Proposal
Section 1314Quarterly Reports
Section 1315Evaluation of Corrective Action System
Section 1316Modification of Reclamation Proposal
Section 1317Termination of Reclamation
Section 1318Additional Water Quality Standards
Section 1319Request for Extension of Time
Section 1320Request for Variance
m. Part XV: Ground Water Protection Act Regulations
Section 1500Purpose
Section 1501Legal Authority
Section 1502Definitions
Section 1503Construction
Section 1504Permissible Fund Expenditures
Section 1505Priorities for Fund Expenditures
Section 1506Site-Specific Allocation of Fund Monies
Section 1507Reserved and Dedicated Fund Monies
Section 1508Minimum Site Assessment
2. Corrective Action Fund Payment and Reimbursement Regulations
a. Part I: General Provisions
Section 101Authority
Section 102Purpose
Section 103Applicability
Section 104Definitions
b. Part II: Compliance Determinations
Section 201General
Section 202Determination of Compliance under Section 74-6B-8
Section 203Compliance Determination Following Written Submission
c. Part III: Eligible and Ineligible Costs
Section 301Minimum Site Assessment
Section 302Corrective Action
d. Part IV: Application, Payment, and Reimbursement
Section 401Application, Payment, and Reimbursement Process
e. Part V: Administrative Review
Section 501Review by the Director on Written Submittal
Section 502Request for Hearing on Determinations of Compliance and Cost Eligibility
Section 503Notice of Docketing and Hearing Officer Assignment; Motions; Prehearing Procedures and Discovery; Hearing and Post-Hearing Procedures
f. Part VI: Miscellaneous Provisions
Section 601Liberal Construction
Section 602Severability
Section 603Compliance
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
§ 143-215.77ADesignation of hazardous substances and determination of quantities which may be harmful
§ 143-215.78Oil pollution control program
§ 143-215.80Confidential information
§ 143-215.81Authority supplemental
§ 143-215.82Local ordinances
§ 143-215.83Discharges (Except insofar as (c) addresses permit requirements.)
§ 143-215.84Removal of prohibited discharges
§ 143-215.86Other State agencies and State-designated local agencies
§ 143-215.87Oil or Other Hazardous Substances Pollution Protection Fund
§ 143-215.88Payment to State agencies or State-designated local agencies
§ 143-215.89Multiple liability for necessary expenses
§ 143-215.90Liability for damage to public resources
§ 143-215.93Liability for damage caused
§ 143-215.93ALimitation on liability of persons engaged in removal of oil discharges
§ 143-215.94ADefinitions (Except insofar as .94A(2) subjects certain heating oil tanks and the piping connected to otherwise excluded tanks to the regulatory requirements.)
§ 143-215.94BCommercial Leaking Petroleum Underground Storage Tank Cleanup Fund
§ 143-215.94DNoncommercial Leaking Petroleum Underground Storage Tank Cleanup Fund
§ 143-215.94ERights and obligations of the owner and operator
§ 143-215.94GAuthority of the Department to engage in cleanups; actions for fund reimbursement (Except insofar as (e) outlines enforcement authorities.)
§ 143-215.94HFinancial responsibility
§ 143-215.94IInsurance pools authorized; requirements
§ 143-215.94JLimitation of liability of the State of North Carolina
§ 143-215.94LAdoption of rules; administrative procedure; short title; miscellaneous provisions
§ 143-215.94OPetroleum Underground Storage Tank Funds Council
§ 143-215.94PGroundwater Protection Loan Fund
§ 143-215.94TAdoption and implementation of regulatory program
§ 143-215.94VStandards 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 .0100General Considerations
.0101Authorization
.0102Definitions
.0103Policy
.0104Restricted Designation (RS)
.0105Adoption by Reference (Repealed)
.0106Corrective Action
.0107Compliance Boundary
.0108Review Boundary
.0109Delegation
.0110Monitoring
.0111Reports
.0112Analytical Procedures
.0113Variance
.0114Notification Requirements
.0115Risk-Based Assessment and Corrective Action for Petroleum Underground Storage Tanks
2. Section .0200Classifications and Groundwater Quality Standards
.0201Groundwater Classifications
.0202Groundwater Quality Standards
3. Section .0300Assignment of Underground Water Classifications
.0301Classifications: General
.0302Statewide
.0303Broad River Basin
.0304Cape Fear River Basin
.0305Catawba River Basin
.0306Chowan River Basin
.0307French Broad River Basin
.0308Hiwassee River Basin
.0309Little Tennessee River Basin
.0310Savannah River Basin
.0311Lumber River Basin
.0312Neuse River Basin
.0313New-Watauga River Basin
.0314Pasquotank River Basin
.0315Roanoke River Basin
.0316Tar Pamlico River Basin
.0317White Oak River Basin
.0318Yadkin-Pee Dee River Basin
.0319Reclassification
North Carolina Administrative Code, Title 15A—Department of Environment and Natural Resources; Chapter 2, Subchapter 2N, Underground Storage Tanks
1. Section .0100General Provisions
.0101General (Except insofar as .0101(c) provides inspection and enforcement authority.)
.0102Copies of referenced Federal regulations
.0103Adoption by reference updates
.0104Identification of tanks
2. Section .0200Program Scope and Interim Prohibition
.0201Applicability (Except insofar as it subjects USTs containing de minimis concentrations of regulated substances to closure requirements)
.0202Interim prohibition for deferred UST systems
.0203Definitions
3. Section .0300UST Systems: Design, Construction, Installation, and Notification
.0301Performance standards for new UST systems
.0302Upgrading of existing UST systems
.0303Notification requirements
4. Section .0400General Operating Requirements
.0401Spill and overfill control
.0402Operation and maintenance of corrosion protection
.0403Compatibility
.0404Repairs allowed
.0405Reporting and recordkeeping
5. Section .0500Release Detection
.0501General requirements for all UST systems
.0502Requirements for petroleum UST systems
.0503Requirements for hazardous substance UST systems
.0504Methods of release detection for tanks
.0505Methods of release detection for piping
.0506Release detection recordkeeping
6. Section .0600Release Reporting, Investigation, and Confirmation
.0601Reporting of suspected releases
.0602Investigation due to off-site impacts
.0603Release investigation and confirmation steps
.0604Reporting and cleanup of spills and overfills
7. Section .0700Release Response and Corrective Action for UST Systems Containing Petroleum or Hazardous Substances
.0701General
.0702Initial response
.0703Initial abatement measures and site check
.0704Initial site characterization
.0705Free product removal
.0706Investigations for soil and ground water cleanup
.0707Corrective action plan
.0708Public participation
8. Section .0800Out-of-Service UST Systems and Closure
.0801Temporary closure
.0802Permanent closure and changes-in-service (Except insofar as it subjects USTs containing de minimis concentrations of regulated substances to closure requirements)
.0803Assessing the site at closure or change-in-service
.0804Applicability to previously closed UST systems
.0805Closure 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 .0100General Considerations
.0101General (Except insofar as .0101(c) provides inspection and enforcement authority.)
.0102Copies of referenced Federal regulations
.0103Substituted sections
2. Section .0200Program Scope
.0201Applicability
.0202Compliance dates
.0203Definitions (Except insofar as (b)(1) defines “annual operating fee”)
.0204Amount and scope of required financial responsibility
3. Section .0300Assurance Mechanisms
.0301Allowable mechanisms and combinations of mechanisms
.0302Self insurance
.0303Guarantee
.0304Insurance and risk retention group coverage
.0305Surety bond
.0306Letter of credit
.0307Standby trust fund
.0308Insurance pools
.0309Substitution of financial assurance mechanisms
.0310Cancellation or nonrenewal by a provider of assurance
4. Section .0400Responsibilities of Owners and Operators
.0401Reporting by owner or operator
.0402Record keeping (Except insofar as (b)(2) addresses annual operating fee requirements.)
5. Section .0500Changes in Status
.0501Drawing on financial assurance mechanisms
.0502Release from the requirements
.0503Incapacity of owner or operator or provider of assurance
.0504Replenishment
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 .0100General Considerations
.0101General (Except insofar as .0101(d) provides inspection and enforcement authority.)
.0102Copies of rules incorporated by reference
.0103False or misleading information
2. Section .0200Program Scope
.0201Applicability (Except insofar as .0201(a) and (b) relate to annual operating fees.)
.0202Definitions (Except insofar as .0202 (b)(1) relates to annual operating fees.)
3. Section .0300Annual Operating Fees
.0302Notification
4. Section .0400Reimbursement Procedure
.0401Eligibility of owner or operator (Except insofar as .0401(b) relates to annual operating fees.)
.0402Cleanup costs
.0403Third party claims
.0404Requests for reimbursement
.0405Method of reimbursement
.0406Reimbursement apportionment
.0407Final action
North Dakota
(a) The statutory provisions include: North Dakota Century Code (NDCC), Chapter 23-20.3, Hazardous Waste Management Act:
Section 23-20.3-01Declaration of Purpose.
Section 23-20.3-03Powers and Duties of the Department.
Section 23-20.3-04Hazardous Waste Regulations.
Section 23-20.3-04.1Underground Storage Tank Regulations.
Section 23-20.3-05.1Fees—Deposit in Operating Fund.
Section 23-20.3-05.2Commercial Facility Permits and Ordinances.
Section 23-20.3-08Imminent Hazard.
(b) The regulatory provisions include: North Dakota Administrative Code (NDAC), Chapter 33-24-08, Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks, Amended April 1992:
Section 33-24-08-01Applicability.
Section 33-24-08-02Interim Prohibition for Deferred Underground Storage Tank Systems.
Section 33-24-08-03Definitions (Technical Standards and Corrective Action).
Section 33-24-08-10Performance Standards for New Underground Storage Tank Systems.
Section 33-24-08-11Upgrading of Existing Underground Storage Tank Systems.
Section 33-24-08-12Notification Requirements.
Section 33-24-08-20Spill and Overfill Control.
Section 33-24-08-21Operation and Maintenance of Corrosion Protection.
Section 33-24-08-22Compatibility.
Section 33-24-08-23Repairs Allowed.
Section 33-24-08-24Reporting and Recordkeeping.
Section 33-24-08-30General Release Detection Requirements for All Underground Storage Tank Systems.
Section 33-24-08-31Release Detection Requirements for Petroleum Underground Storage Tank Systems.
Section 33-24-08-32Release Detection Requirements for Hazardous Substance Underground Storage Tank Systems.
Section 33-24-08-33Methods of Release Detection for Tanks.
Section 33-24-08-34Methods of Release Detection for Piping.
Section 33-24-08-35Release Detection Recordkeeping.
Section 33-24-08-40Reporting of Suspected Releases.
Section 33-24-08-41Investigation Due to Offsite Impacts.
Section 33-24-08-42Release Investigation and Confirmation Steps.
Section 33-24-08-43Reporting and Cleanup of Spills and Overfills.
Section 33-24-08-50General Release Response and Corrective Action for Underground Storage Tank Systems Containing Petroleum or Hazardous Substances.
Section 33-24-08-51Initial Response.
Section 33-24-08-52Initial Abatement Measures and Site Check.
Section 33-24-08-53Initial Site Characterization.
Section 33-24-08-54Free Product Removal.
Section 33-24-08-55Investigations for Soil and Ground Water Cleanup.
Section 33-24-08-60Temporary Closure.
Section 33-24-08-61Permanent Closure and Changes in Service.
Section 33-24-08-62Assessing the Site at Closure or Change in Service.
Section 33-24-08-63Applicability to Previously Closed Underground Storage Tank Systems.
Section 33-24-08-64Closure Records.
Section 33-24-08-80Applicability (financial responsibility).
Section 33-24-08-81Financial Responsibility Compliance Dates.
Section 33-24-08-82Definitions (financial responsibility).
Section 33-24-08-83Amount and Scope of Required Financial Responsibility.
Section 33-24-08-84Allowable Mechanisms and Combinations of Mechanisms.
Section 33-24-08-85Financial Test of Self-Insurance.
Section 33-24-08-86Guarantee.
Section 33-24-08-87Insurance and Risk Retention Group Coverage.
Section 33-24-08-88Surety Bond.
Section 33-24-08-89Letter of Credit.
Section 33-24-08-92Trust Fund.
Section 33-24-08-93Standby Trust Fund.
Section 33-24-08-94Substitution of Financial Assurance mechanisms by Owner or Operator.
Section 33-24-08-95Cancellation or Nonrenewal by Provider of Financial Assurance.
Section 33-24-08-96Reporting by Owner or Operator.
Section 33-24-08-97Recordkeeping.
Section 33-24-08-99Release from Requirements.
Section 33-24-08-100Bankruptcy or Other Incapacity of Owner or Operator or Provider of Financial Assurance.
Section 33-24-08-101Replenishment of Guarantees, Letters of Credit, or Surety Bonds.
Oklahoma
(a) The statutory provisions include
1. Oklahoma Statutes, Chapter 14: Oklahoma Underground Storage Tank Regulation Act
Section 301Short Title
Section 303Definitions
Section 304Exemptions
Section 305Corporation Commission Designated as State Agency to Administer Certain Federal Programs
Section 307Corporation Commission—Promulgation of Rules Governing Underground Storage Tank Systems
Section 308Permits—Necessity—Application—Issuance—Fees—Denial, Refusal to Issue, Suspension or Revocation—Financial Responsibility Coverage (Except (B), which applies to individuals other than UST owners and operators.)
Section 308.1Underground Storage Tank Systems for Petroleum Products—Permit Fee—Penalty—Suspension or Nonrenewal of Permit
Section 309Release from Underground Storage Tank System—Reports—Corrective Action—Powers, Duties and Procedures of Corporation Commission
Section 313Records, Reports and Informations—Public Inspection—Confidentiality—Disclosure to Federal or State Representatives
Section 315Corporation Commission Underground Storage Tank Regulation Revolving Fund
Section 316Ordinance or Regulations in Conflict with Act Prohibited
Section 340Storage Tank Advisory Council—Members—Quorum—Authority—Rules—Expenses
2. Oklahoma Statutes, Chapter 15: Oklahoma Petroleum Storage Tank Release Indemnity Program
Section 350Short Title—Maintenance, Operation and Administration
Section 352Definitions
Section 353Petroleum Storage Tank Release Environmental Cleanup Indemnity Fund
Section 354Assessments on Motor Fuels, Diesel Fuel and Blending Materials—Exemptions—Deposits in Funds
Section 356Collection, Remittance and Reporting of Assessments
Section 356.1Confidentiality of Records, Reports or Information—Schedule of Reimbursable Fees
Section 357Payment of Claim Subject to Indemnity Fund Acquiring Subrogation Rights—Administrator to Protect Indemnity Fund in Judicial and Administrative Proceedings—Notice of Lawsuit—Enforcement of Third Party Claim
Section 358Annual Reports
Section 359Audit Relating to Petroleum Storage Tank Release Environmental Cleanup Indemnity Fund
Section 360Limitation on Expenditures for Administrative Costs—Reports
Section 361Appointment of Administrator—Hiring of Employees—Temporary Workers and Contract Labor
Section 365Oklahoma Leaking Underground Storage Tank Trust Fund—Oklahoma Leaking Underground Storage Tank Revolving Fund—Appropriation, Budgeting and Expenditure of Monies—Payments from Funds—Costs of Actions—Emergencies—Reimbursement of Funds—Administrative Penalties
(b) The regulatory provisions include
1. Oklahoma Annotated Code, Chapter 25: Underground Storage Tanks
a. Subchapter 1: General Provisions
Part 1: Purpose and Statutory Authority
Part 3: Definitions
Part 5: Scope of Rules
Part 7: National Industry Codes
Part 9: Notification and Reporting Requirements (Except 165:25-1-45, insofar as it requires owners of exempt USTs to notify the Commission of the existence of such systems.)
b. Subchapter 3: Release Prevention, Detection, and Correction
Part 1: Release Prohibition, Reporting and Investigation
Part 3: Recordkeeping
Part 5: Spill and Overfill Prevention Requirements
Part 7: Compatibility
Part 9: Installation of Underground Storage Tank Systems (Except 165:25-3-48, which applies to individuals other than UST owners and operators.)
Part 11: Repairs to Underground Storage Tank Systems
Part 13: Removal and Closure of Underground Storage Tank Systems
Part 15: Corrective Action Requirements
Part 17: Requirements for Corrosion Protection Systems
c. Subchapter 5: Requirements for Existing Underground Storage Tank Systems
d. Subchapter 7: Requirements for New Underground Storage Tank Systems
Part 1: Design, Construction, and Installation Requirements
Part 3: General Release Detection Methods and Service
Part 5: Release Detection Methods and Devices for Petroleum Underground Storage Tank Systems
e. Subchapter 9: Inspections, Testing, and Monitoring
Part 3: Fees
f. Subchapter 11: Administrative Provisions
g. Subchapter 13: Financial Responsibility Requirements
Part 1: Applicability
Part 3: Definitions
Part 5: Amount and Scope of Coverage
Part 7: Financial Assurance
Part 9: Financial Test of Self-Insurance
Part 11: Guarantee
Part 13: Insurance and Risk Retention Group Coverage
Part 15: Surety Bond
Part 17: Letter of Credit
Part 19: State Fund or Other State Assurance
Part 21: Trust Fund
Part 23: Standby Trust Fund
Part 25: Substitution of Financial Assurance Mechanisms
Part 27: Cancellation or Nonrenewal
Part 29: Reporting
Part 31: Recordkeeping
Part 33: Drawing on Financial Assurance Mechanisms
Part 35: Release from Subchapter 11 Requirements
Part 37: Bankruptcy or Other Incapacity of Owner/Operator or Provider of Financial Assurance
Part 39: Replenishment of Guarantees, Letters of Credit, or Surety Bonds
h. Subchapter 15: Circle K Settlement Fund
Part 1: General Provisions
Part 3: Definitions
Part 5: Eligibility Requirements
Part 7: Reimbursement
i. Appendices
Appendix A: Letter From Chief Financial Officer
Appendix B: Guarantee
Appendix C: Endorsement
Appendix D: Certificate of Insurance
Appendix E: Performance Bond
Appendix F: Irrevocable Standby Letter of Credit
Appendix G: Trust Agreement
Appendix H: Certification of Financial Responsibility
Appendix I: Certification of Valid Claim
Appendix J: Soil and Groundwater Remediation Index
Appendix K: Soil Cleanup Levels
Appendix L: Mean Annual Precipitation
Appendix M: Hydrologically Sensitive Area
Appendix N: Field Citation Fines
2. Oklahoma Annotated Code, Chapter 27: Indemnity Fund
a. Subchapter 1: General Provisions
Section 165:27-1-1 Purpose
Section 165:27-1-2 Definitions
Section 165:27-1-3 Scope
Section 165:27-1-4 Authority
Section 165:27-1-5 Citation of Rules
Section 165:27-1-6 Prescribed Forms
b. Subchapter 3: Eligibility Requirements
Section 165:27-3-1 General Requirements
Section 165:27-3-2 Eligible Person
Section 165:27-3-3 Eligible Release
c. Subchapter 5: Qualifications for Reimbursement
Section 165:27-5-1 Qualifications for Reimbursement
Section 165:27-5-2 Application for Reimbursement
Section 165:27-5-3 Application for Supplemental Reimbursement
d. Subchapter 7: Reimbursement
Section 165:27-7-1 Reimbursable Expenses
Section 165:27-7-2 Total Reimbursement
Section 165:27-7-5 Methods for Reimbursement
Section 165:27-7-6 Conditions for Reimbursement
Section 165:27-7-7 Exclusions from Reimbursement
Section 165:27-7-8 Withholding Reimbursement
Oregon
(a) The statutory provisions include:
(1) Chapter 465, Hazardous Waste and Hazardous Materials I (Removal or Remedial Action Sections 465.200 through 465.482 and 465.900.):
465.200Definitions for ORS 465.200 to 465.545 (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.)
465.255Strict 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):
466.706Definitions 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.)
466.710Application of ORS 466.706 to 466.882 and 466.994
466.740Noncomplying installation prohibited
466.743Training on operation, maintenance and testing; rules
466.765Duty of owner or permittee of underground storage tank
466.770Corrective action required on contaminated site
466.815Financial responsibility of owner or permittee; rules; legislative review
466.825Strict 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.
340-122-0010Purpose
340-122-0030Scope and Applicability
340-122-0040Standards
340-122-0047Generic remedies
340-122-0050Activities
340-122-0070Removal
340-122-0071Site Evaluation
340-122-0072Preliminary Assessments
340-122-0073Confirmation of Release
340-122-0080Remedial Investigation
340-122-0084Risk Assessment
340-122-0085Feasibility Study
340-122-0090Selection or Approval of the Remedial Action
340-122-0100Public Notice and Participation
340-122-0110Administrative Record
340-122-0115Definitions 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
340-122-0120Security Interest Exemption
340-122-0205Purpose
340-122-0210Definitions except insofar as the definition of “responsible person” includes a person who does not own or operate an underground storage tank
340-122-0215Scope and Applicability
340-122-0217Requirements and Remediation Options
340-122-0218Sampling and Analysis
340-122-0220Initial Response
340-122-0225Initial Abatement Measures and Site Check
340-122-0230Initial Site Characterization
340-122-0235Free Product Removal
340-122-0240Investigation for Magnitude and Extent of Contamination
340-122-0243Low-Impact Sites
340-122-0244Risk-Based Concentrations
340-122-0250Corrective Action Plan
340-122-0252Generic Remedies
340-122-0260Public Participation
340-122-0320Soil Matrix Cleanup Options
340-122-0325Evaluation of Matrix Cleanup Level
340-122-0330Evaluation Parameters
340-122-0335Numeric Soil Cleanup Standards
340-122-0340Sample Number and Location
340-122-0345Sample Collection Methods
340-122-0355Evaluation of Analytical Results
340-122-0360Reporting Requirements
Grid for OAR 340-122-0330(5)(c) and Table for OAR 340-122-0335(2)
(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.
340-142-0001Purpose and Scope
340-142-0005Definitions as Used in This Division Unless Otherwise Specified
340-142-0030Emergency Action
340-142-0040Required Reporting
340-142-0050Reportable Quantities
340-142-0060Cleanup Standards
340-142-0070Approval Required for Use of Chemicals
340-142-0080Disposal of Recovered Spill Materials
340-142-0090Cleanup Report
340-142-0100Sampling/Testing Procedures
340-142-0130Incident Management and Emergency Operations
(3) Oregon Administrative Rules, Chapter 340, Division 150.
340-150-0001Purpose
340-150-0006Applicability and General Requirements
340-150-0008Exemptions and Deferrals
340-150-0010Definitions
340-150-0020UST 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
340-150-0021Termination of Temporary Permits
340-150-0052Modification of Registration Certificates for Changes in Ownership and Permittee except insofar as the payment of fees is required
340-150-0080Denial, 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
340-150-0102Termination of Registration Certificates
340-150-0110UST General Permit Registration, Annual Compliance and Other Fees except insofar as the payment of fees is required
340-150-0135General Requirements for Owners and Permittees
340-150-0140Requirements for Sellers of USTs
340-150-0156Performance of UST Services by Owners or Permittees
340-150-0160General 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
340-150-0163General Permit Requirements for Operating an UST System except insofar as the payment of fees is required
340-150-0166General Permit Requirements for Closure of an UST System by Change-in-Service except insofar as the payment of fees is required
340-150-0167General Permit Requirements for Temporary Closure of an UST System except insofar as the payment of fees is required
340-150-0168General 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
340-150-0180Site Assessment Requirements for Permanent Closure or Change-in-Service
340-150-0200Training Requirements for UST System Operators andEmergency Response Information
340-150-0210Training Requirements for UST Operators
340-150-0300Installation of USTs and Piping
340-150-0302Installation of Used USTs
340-150-0310Spill and Overfill Prevention Equipment and Requirements
340-150-0320Corrosion Protection Performance Standards for USTs and Piping
340-150-0325Operation and Maintenance of Corrosion Protection
340-150-0350UST System Repairs
340-150-0352UST System Modifications and Additions
340-150-0354UST System Replacements
340-150-0360Requirements for Internally Lined USTs
340-150-0400General Release Detection Requirements for Petroleum UST Systems
340-150-0410Release Detection Requirements and Methods for Underground Piping
340-150-0420Release Detection Requirements for Hazardous Substance UST Systems
340-150-0430Inventory Control Method of Release Detection
340-150-0435Statistical Inventory Reconciliation Method of Release Detection
340-150-0440Manual Tank Gauging Release Detection Method
340-150-0445Tank Tightness Testing for Release Detection and Investigation
340-150-0450Automatic Tank Gauging Release Detection Method
340-150-0455Vapor Monitoring Release Detection Method
340-150-0460Groundwater Monitoring Release Detection Method
340-150-0465Interstitial Monitoring Release Detection Method
340-150-0470Other Methods of Release Detection
340-150-0500Reporting Suspected Releases
340-150-0510Suspected Release Investigation and Confirmation Steps
340-150-0520Investigation Due to Off Site Impacts
340-150-0540Applicability to Previously Closed UST Systems
340-150-0550Definitions for OAR 340-150-0555 and 340-150-0560
340-150-0555Compliance Dates for USTs and Piping
340-150-0560Upgrading Requirements for Existing UST Systems
APPENDIX AInstallation of USTs and Piping
APPENDIX BInstallation of USTs and Piping
APPENDIX CSpill and Overfill Prevention Equipment and Requirements
APPENDIX D1USTs Corrosion Protection Performance Standards for USTs and Piping
APPENDIX D2Piping Corrosion Protection Performance Standards for USTs and Piping
APPENDIX E1USTs Corrosion Protection Performance Standards for USTs and Piping
APPENDIX E2Piping Corrosion Protection Performance Standards for USTs and Piping
APPENDIX FCorrosion Protection Performance Standards for USTs and Piping
APPENDIX GOperation and Maintenance of Corrosion Protection
APPENDIX HUST System Repairs & UST System Modifications and Additions
APPENDIX IGeneral Release Detection Requirements for All UST Systems
APPENDIX JGeneral Guidance Documents for UST Owners and Permittees
APPENDIX KSite Assessment Requirements for Permanent Closure or Change-in-Service
APPENDIX LTraining Elements
(4) Oregon Administrative Rules, Chapter 340, Division 151
340-151-0001Purpose
340-151-0010Scope and Applicability
340-151-0015Adoption and Applicability of United States Environmental Protection Agency Regulations
340-151-0020Definitions
340-151-0025Oregon-Specific Financial Responsibility Requirements
(5) Oregon Administrative Rules, Chapter 690, Division 240, insofar as it pertains to underground storage tanks, excluding tanks used to store heating oil for consumptive use on the premises where stored.
690-240-0005Introduction
690-240-0006Special Standards
690-240-0007Special Area Standards
690-240-0010Definitions
690-240-0011Organic Materials
690-240-0012Public Safety
690-240-0013Wells Cannot Be Used for Disposal of Contaminants
690-240-0014Water Used Must Be Potable
690-240-0016Unattended Wells
690-240-0024Well Identification Label
690-240-0026Well Identification Label Maintenance
690-240-0030Other Holes; General Performance and Responsibility Requirements
690-240-0035Geotechnical Holes: General Performance and Responsibility Requirements
690-240-0355Monitoring Well Drilling Machines
690-240-0375Monitoring Well Construction Notice Required (Start Card)
690-240-0385Start Card Reporting Requirements
690-240-0395Monitoring Well Report Required (Monitoring Well Log)
690-240-0410Monitoring Well Construction: General
690-240-0420Well Protection
690-240-0430Casing
690-240-0440Additional Standards for Artesian Monitoring Wells
690-240-0450Cleaning
690-240-0460Monitoring Well Screen, Filter Pack, and Filter Pack Seal
690-240-0475Well Seals
690-240-0485Monitoring Well Development
690-240-0500Completion of Monitoring Wells
690-240-0510Abandonment of Monitoring Wells
690-240-0525Piezometers
690-240-0540Direct Push Monitoring Wells and Piezometers
690-240-0550Evidence of Failure
Pennsylvania
(a) The statutory provisions include:
Pennsylvania Storage Tank and Spill Prevention Act of 1989, Public Law 169, No. 32
35 PS Section 6021.101Short title
35 PS Section 6021.102Legislative findings
35 PS Section 6021.103Definitions (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 6021.105Advisory committee
35 PS Section 6021.106Powers and duties of Environmental Quality Board (except insofar as it addresses aboveground storage tanks)
35 PS Section 6021.107Powers 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 6021.109Construction
35 PS Section 6021.110Applicability of certain provisions to the Commonwealth
35 PS Section 6021.501Underground 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 6021.503Registration (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 6021.701Financial responsibility 35 PS Section 6021.702 Storage Tank Fund (except insofar as paragraph (a) addresses aboveground storage tanks)
35 PS Section 6021.703Underground Storage Tank Indemnification Board
35 PS Section 6021.704Underground Storage Tank Indemnification Fund (except insofar as subparagraph (e)(3) addresses payment of fees)
35 PS Section 6021.705Powers and duties of Underground Storage Tank Indemnification Board (except insofar as paragraphs (d) and (e) address payment of fees)
35 PS Section 6021.706Eligibility of claimants
35 PS Section 6021.707Audit
35 PS Section 6021.708 Performance review
35 PS Section 6021.710Underground Storage Tank Environmental Cleanup Program
35 PS Section 6021.711Underground Storage Tank Pollution Prevention Program
35 PS Section 6021.712Upgrade Loan Program
35 PS Section 6021.2101Start-up costs (except insofar as it addresses aboveground storage tanks)
35 PS Section 6021.2102Saved from repeal
35 PS Section 6021.2103Severability
35 PS Section 6021.2104Repeals
35 PS Section 6021.2105Effective date
(b) The regulatory provisions include:
Pennsylvania Code, Chapter 245, Administration of the Storage Tank and Spill Prevention Programs
Section 245.1Definitions (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 245.2General
Section 245.31Underground storage tank tightness testing requirements (except insofar as paragraph (a) requires Department certification for underground tightness testing installers)
Section 245.302Scope
Section 245.304Investigation of suspected releases
Section 245.305Reporting releases (except insofar as paragraph (h) addresses aboveground storage tanks)
Section 245.306Interim remedial actions (except insofar as subparagraph (b)(3) requires permits for treatment and disposal activities; and paragraph (d) regulates parties removing contaminated materials)
Section 245.307Affected or diminished water supplies
Section 245.308Onsite storage of contaminated soil
Section 245.309Site characterization
Section 245.310Site characterization report
Section 245.311Remedial action plan
Section 245.312Remedial action
Section 245.313Remedial action completion report
Section 245.314Professional seals
Section 245.402Scope
Section 245.405Codes and standards
Section 245.421Performance standards for new underground storage tank systems
Section 245.422Upgrading of existing underground storage tank systems
Section 245.423Registration requirements
Section 245.425Reuse of removed tanks (except insofar as subparagraph (1) requires installation by a certified installer)
Section 245.431Spill and overfill control
Section 245.432Operation and maintenance including corrosion protection
Section 245.434Repairs allowed (except insofar as subparagraph (1) requires repairs to be performed by a certified installer)
Section 245.435Reporting and recordkeeping
Section 245.441General 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 245.442Requirements for petroleum underground storage tank systems
Section 245.443Requirements for hazardous substance underground storage tank systems
Section 245.444Methods of release detection for tanks
Section 245.445Methods of release detection for piping
Section 245.446Release detection recordkeeping
Section 245.451Temporary closure
Section 245.452Permanent closure and changes-in-service
Section 245.453Assessing the site at closure or change-in-service
Section 245.454Applicability to previously closed underground storage tank systems
Section 245.455Closure records
Section 245.702Scope
Section 245.703Owner or operator financial responsibility
Section 245.704General requirements
Section 245.705Owner and operator liability
Section 245.706Underground storage tanks not covered by USTIF
Section 245.707Coverage amounts for financial responsibility
Section 245.708Failure 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.) § 1121et 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 Rhode Island Statute Title 46 of the General Laws of Rhode Island, 1956, as amended:
Chapter 12Water Pollution
Chapter 12.1Underground Storage Tanks
Chapter 12.3The Environmental Injury Compensation Act
Chapter 12.5Oil Pollution Control
Chapter 13.1Groundwater Protection
Chapter 14Contamination of Drinking Water
(b) The statutory provisions include Title 42 of the General Laws of Rhode Island, 1956, as amended.
Chapter 35Administrative Procedures
(c) The statutory provisions include Title 38 of the General Laws of Rhode Island, 1956, as amended.
Chapter 2Access to Public Records
(d) The statutory provisions include Title 37 of the General Laws of Rhode Island, 1956, as amended.
Chapter 18Narragansett Indian and Management Corp.
(e) The statutory provisions include Title 23 of the General Laws of Rhode Island, 1956, as amended.
Chapter 19.1Hazardous Waste Management
(f) The regulatory provisions include State of Rhode Island, Agency of Natural Resources, Underground Storage Tank Regulations, February 1, 1991:
Section 1.00Purpose
Section 2.00Authority
Section 3.00Superseded Rules and Regulations
Section 6.00Administrative Findings
Section 8.00Facility Registration and Notification
Section 9.00Financial Responsibility
Section 10.00Minimum Existing Facility Requirements
Section 11.00New Facility and Replacement Tank Requirements
Section 12.00Facility Modification
Section 13.00Maintaining Records
Section 14.00Leak and Spill Response
Section 15.00Closure
Section 16.00Leak Detection Methods and Precision Tester Licensing Requirements
Section 17.00Signatories to Registration and Closure Applications
Section 18.00Transfer of Certificates of Registration or Closure
Section 19.00USTs/Holding Tanks Serving Floor Drains
Section 21.00Appeals
Appendix A
Appendix B
Appendix C
South Dakota
(a) The statutory provisions include South Dakota Statutes Annotated, Chapter 34A-2, Sections 98 and 99. Underground Storage Tanks:
Section 98Underground storage tanks—Definitions.
Section 99Underground 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 74:03:28:01Definitions.
Section 74:03:28:02Performance standards for new UST systems—General requirements.
Section 74:03:28:03Upgrading of existing UST systems—General requirements and deadlines.
Section 74:03:28:04Notification requirements for UST systems.
Section 74:03:28:05Spill and overfill control.
Section 74:03:28:06Operation and maintenance of cathodic protection.
Section 74:03:28:07Compatibility.
Section 74:03:28:08Repairs allowed—general requirements.
Section 74:03:28:09Maintenance and availability of records.
Section 74:03:28:10Release detection for all UST systems—general requirements and deadlines.
Section 74:03:28:11Release detection requirements for petroleum UST systems.
Section 74:03:28:12Release detection requirements for pressure piping.
Section 74:03:28:13Recordkeeping.
Section 74:03:28:14Release notification plan.
Section 74:03:28:15Reported of suspected releases.
Section 74:03:28:16Release investigation and confirmation.
Section 74:03:28:17Off-site impacts and source investigation.
Section 74:03:28:18General requirements for corrective action for releases from UST systems.
Section 74:03:28:19Initial abatement requirements and procedures for releases from UST systems.
Section 74:03:28:20Free product removal.
Section 74:03:28:21Additional site investigation for releases from UST systems.
Section 74:03:28:22Soil and groundwater cleanup for releases from UST systems.
Section 74:03:28:23Reporting of releases from UST systems.
Section 74:03:28:28Reporting of hazardous substance releases from UST systems.
Section 74:03:28:29Temporary removal from use.
Section 74:03:28:30Temporary closure.
Section 74:03:28:31Permanent closure.
Section 74:03:28:32Postclosure requirements.
Section 74:03:29:01Applicability.
Section 74:03:29:23Definitions.
Section 74:03:29:24Financial responsibility rules.
Tennessee
(a) The statutory provisions include:
1. Section 68-215-101Short title
2. Section 68-215-102Legislative intent [Except § 68-215-102(a)(3) and except § 68-215-102(a)(5).]
3. Section 68-215-103Definitions
4. Section 68-215-105Minimum requirements for tanks
5. Section 68-215-106Notification 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 68-215-107Supervision, inspection, and enforcement responsibilities [Except § 68-215-107(e) and except § 68-215-107(f)(9).]
7. Section 68-215-108Proprietary information
8. Section 68-215-118Compliance by governmental entities
9. Section 68-215-123Complaints—Hearings—Appeals
10. Section 68-215-124Exemptions
11. Section 68-215-126Preemption of local regulation—Exception
12. Section 68-215-127Exclusivity of provisions
(b) The regulatory provisions include:
1. Section .01Program Scope and Minimum Requirements for Tanks
Section .01(1)Applicability
Section .01(2)Minimum requirements for tanks
Section .01(3)Definitions
2. Section .02UST 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 .03General 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 .04Release 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 .05Release 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 .06Release 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 .07Out-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 .08Financial 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 statutory provisions include
1. Texas Water Code, Title 2, Subtitle D, Chapter 26—State Water Administration
a. Subchapter I: Underground and Aboveground Storage Tanks
Section 26.341Purpose (Except insofar as it applies to aboveground storage tanks.)
Section 26.342Definitions (Except insofar as (10) and (12) apply to aboveground storage tanks.)
Section 26.343Regulated Substances
Section 26.344Exemptions (Except insofar as (a), (d), and (f) apply to aboveground storage tanks.)
Section 26.345Administrative Provisions (Except insofar as (a) and (e) apply to aboveground storage tanks.)
Section 26.346Registration Requirements (Except insofar as (a) applies to aboveground storage tanks.)
Section 26.347Tank Standards
Section 26.348 Leak Detection and Record Maintenance
Section 26.349Reporting of Releases and Corrective Action (Except insofar as (a) applies to aboveground storage tanks.)
Section 26.350Tank Closure Requirements
Section 26.351Corrective Action (Except insofar as it applies to aboveground storage tanks.)
Section 26.3511Corrective Action by the Commission (Except insofar as it applies to aboveground storage tanks.)
Section 26.3512Owner or Operator Responsibility; Limitations on Fund Payments for Corrective Action
Section 26.3513Liability and Costs: Multiple Owners and Operators
Section 26.3514Limits on Liability of Lender (Except insofar as it applies to aboveground storage tanks.)
Section 26.3515Limits on Liability of Corporate Fiduciary (Except insofar as it applies to aboveground storage tanks.)
Section 26.352Financial Responsibility
Section 26.355Recovery of Costs (Except insofar as it applies to aboveground storage tanks.)
Section 26.357Standards and Rules
Section 26.3571Eligible Owner or Operator
Section 26.3572Groundwater Protection Cleanup Program
Section 26.3573Petroleum Storage Tank Remediation Fund
Section 26.35735Claims Audit
Section 26.3574Fee on Delivery of Certain Petroleum Products
Section 26.358Storage Tank Fund; Fees (Except insofar as it applies to aboveground storage tanks.)
Section 26.359Local Regulation or Ordinance
(b) The regulatory provisions include
1. 31 Texas Administrative Code, Chapter 334—Underground and Aboveground Storage Tanks
a. Subchapter A: General Provisions
Section 334.1Purpose and Applicability (Except insofar as Section 334.1(a)(1), (c), and (d)(2) apply to aboveground storage tanks.)
Section 334.3Statutory Exemptions (Except insofar as Section 334.3(b) applies release reporting and corrective action requirements to certain hydraulic lift tanks that are exempt under the federal program.)
Section 334.4 Commission Exclusions (Except insofar as Section 334.4: (1) Does not exclude airport hydrant fuel distribution systems and UST systems with field-constructed tanks; excludes only sumps less than 110 gallons, as opposed to all tanks; and does not provide a release detection deferral for UST systems that store fuel solely for use by emergency power generators; (2) Subjects wastewater treatment tank systems that are deferred in the federal rules to the registration requirements, general operating requirements, and corrective action requirements; (3) Requires USTs that store radioactive substances or are part of a nuclear power plant to comply with registration and general operating requirements; and (4) Applies release reporting and corrective action requirements to certain hydraulic lift tanks that are exempt under the federal program.)
Section 334.5General Prohibitions
Section 334.6Construction Notification
Section 334.9Seller's Disclosure
Section 334.10Reporting and Recordkeeping
Section 334.12Other General Provisions
2. Subchapter B: Underground Storage Tank Fees
Section 334.21Fee Assessment
Section 334.22Failure to Make Payment
Section 334.23Disposition of Fees, Interest and Penalties
3. Subchapter C: Technical Standards
Section 334.42General Standards
Section 334.43Variances and Alternative Procedures
Section 334.44Implementation Schedules
Section 334.45Technical Standards for New UST Systems
Section 334.46Installation Standards for New UST Systems
Section 334.47Technical Standards for Existing UST Systems
Section 334.48General Operating and Management Requirements
Section 334.49Corrosion Protection
Section 334.50Release Detection
Section 334.51Spill and Overfill Prevention and Control
Section 334.52UST System Repairs and Relining
Section 334.53Reuse of Used Tanks
Section 334.54Temporary Removal from Service
Section 334.55Permanent Removal from Service
4. Subchapter D: Release Reporting and Corrective Action
Section 334.72Reporting of Suspected Releases
Section 334.73Investigation Due to Off-Site Impacts
Section 334.74Release Investigation and Confirmation Steps
Section 334.75Reporting and Cleanup of Surface Spills and Overfills
Section 334.76Initial Response to Releases
Section 334.77Initial Abatement Measures and Site Check
Section 334.78Initial Site Characterization
Section 334.79Free Product Removal
Section 334.80Investigation for Soil and Groundwater Cleanup
Section 334.81Corrective Action Plan
Section 334.82Public Participation
Section 334.83Emergency Orders
Section 334.84Corrective Action by the Commission
Section 334.85Management of Wastes
5. Subchapter E: Financial Responsibility
Section 334.92Compliance Dates
Section 334.93Amount and Scope of Required Financial Responsibility
Section 334.94Allowable Mechanisms and Combinations of Mechanisms
Section 334.95Financial Test of Self-Insurance
Section 334.97Insurance and Risk Retention Group Coverage
Section 334.98Surety Bond
Section 334.99Letter of Credit
Section 334.100Trust Fund
Section 334.101Standby Trust Fund
Section 334.102Substitution of Financial Assurance Mechanisms by Owner or Operator
Section 334.103Cancellation or Nonrenewal by a Provider of Financial Assurance
Section 334.104Reporting by Owner or Operator
Section 334.105Financial Assurance Recordkeeping
Section 334.106Drawing on Financial Assurance Mechanisms
Section 334.107Release from the Requirements
Section 334.108Bankruptcy or Other Incapacity of Owner or Operator of Provider of Financial Assurance
Section 334.109Replenishment of Guarantees, Letters of Credit, or Surety Bonds
6. Subchapter H: Interim Reimbursement Program
Section 334.301Applicability of this Subchapter
Section 334.302General Conditions and Limitations Regarding Reimbursement—Interim Period
Section 334.303Time to File Application—Interim Period
Section 334.304Who May File Application—Interim Period
Section 334.305Where and How Documents Must Be Filed—Interim Period
Section 334.306Form and Contents of Application—Interim Period
Section 334.307Technical Information Required—Interim Period
Section 334.308Allowable Costs and Restrictions on Allowable Costs—Interim Period
Section 334.309Reimbursable Costs—Interim Period
Section 334.310Requirements for Eligibility—Interim Period
Section 334.311Determining the Number of Occurrences—Interim Period
Section 334.312Owner/Operator Contribution
Section 334.313Review of Application by Executive Director—Interim Period
Section 334.314Executive Director's Fund Payment Report—Initial Period
Section 334.315Protest of Fund Payment Report—Interim Period
Section 334.316Formal Petition—Interim Period
Section 334.317Hearing by the Commission—Interim Period
Section 334.318Recovery of Costs—Interim Period
Section 334.319Administrative Penalties and Other Actions—Initial Period
Section 334.320Responsibilities of Owners and Operators—Interim Period
Section 334.321Corrective Action by the Commission—Interim Period
Section 334.322Subchapter H Definitions
7. Subchapter K: Petroleum Substance Waste
Section 334.482General Prohibitions
Section 334.483Disposal by Generator
Section 334.484Registration Required for Petroleum-Substance Waste Storage or Treatment Facilities
Section 334.485Authorization for Class C and Class D Facilities
Section 334.487Notification and Mobilization Requirements for Class B Facilities
Section 334.488Effect on Existing Facilities
Section 334.489Notice to Owners and Operators
Section 334.490Public Notice
Section 334.491Public Meetings for Class A Facilities
Section 334.492Closure and Facility Expansion
Section 334.493Location Standards for Class A Petroleum-Substance Waste Storage or Treatment Facilities
Section 334.494Shipping Procedures Applicable to Generators of Petroleum-Substance Waste
Section 334.495Recordkeeping and Reporting Procedures Applicable to Generators
Section 334.496 Shipping Requirements Applicable to Transporters of Petroleum-Substance Waste
Section 334.497Shipping Requirements Applicable to Owners or Operators of Storage Treatment or Disposal Facilities
Section 334.498Recordkeeping Requirements Applicable to Owners or Operators of Storage Treatment or Disposal Facilities
Section 334.499Additional Reports
Section 334.500Design and Operating Requirements of Stockpiles and Land Surface Treatment Units
Section 334.501Reuse of Petroleum-Substance Waste
Section 334.502Contaminant Assessment Program and Corrective Action
Section 334.504Contingency Plan
Section 334.505Emergency Procedures
Section 334.506Closure Requirements Applicable to Class A and Class B Facilities
Section 334.507General Requirements for Financial Assurance
Section 334.508Mechanisms for Financial Assurance
Section 334.509Liability Requirements for Class A and B Facilities
Section 334.510Incapacity of Owners or Operators, Guarantors, or Financial Institutions
8. Subchapter L: Overpayment Prevention
Section 334.530Purpose and Applicability of the Subchapter
Section 334.531Responsibility of Recipients of Money from the PSTR Fund and Persons Paid by Recipients of Money from the PSTR Fund
Section 334.533Audits
Section 334.534Notice of Overpayment
Section 334.535Objections to the Notice of Overpayment and Formal Petition for Hearing
Section 334.536 Hearing by the Commission
Section 334.537Failure to Return Overpayment or Cooperative with Audit or Investigation
Section 334.538Administrative Penalties and Other Actions
9. Subchapter M: Reimbursable Cost Guidelines for the Petroleum Storage Tank Reimbursement Program
Section 334.560Reimbursable Cost Guidelines
Utah
(a) The statutory provisions include: Utah Code Unannotated (1994), Title 19, Chapter 6, Part 1, Solid and Hazardous Waste Act, and Chapter 6, Part 4, Underground Storage Tank Act:
Section 19-6-109Inspections authorized.
Section 19-6-402Definitions, except (3), (4), (8), (9), (11), (14), (15), (20), (23), and (26).
Section 19-6-402.5Retroactive effect.
Section 19-6-403Powers and duties of board, except (1)(a) (i) and (iv).
Section 19-6-404Powers and duties of executive secretary, except (2)(c), (2)(f), (2)(j), and (2)(m).
Section 19-6-407Underground storage tank registration—Change of ownership or operation—Civil penalty, except (2) and (3).
Section 19-6-413Tank tightness test—Actions required after testing.
Section 19-6-420Releases—Abatement actions—Corrective actions, except (1) through (3)(b), (4)(a), (5) (b) and (c), (6), and (9)(b).
(b) The regulatory provisions include:
(1) Administrative Rules of the State of Utah, Utah Administrative Code (1993):
Section R311-200-1Definitions, except (2), (5), (8), (10), (13), (20), (29), (42) through (49), (53), and (54).
Section R311-202-1Incorporation by Reference.
Section R311-203-1Definitions.
Section R311-203-3New Installations.
Section R311-203-4Notification.
Section R311-204-1Definitions
Section R311-204-2Underground Storage Tank Closure Plan.
Section R311-204-3Disposal.
Section R311-204-4Subsequent Closure Notice.
Section R311-205-1Definitions.
Section R311-205-2Site Assessment Protocol.
Section R311-206-1Definitions.
Section R311-206-2Requirements for Issuance of Certificates, except (b) and (c).
Section R311-206-3Application for Certificates.
Section R311-206-5Revocation and Reissuance of Certificates, except (b), (c), (d), and the words “compliance or” in R311-206-5(a).
Vermont
(a) The statutory provisions include Vermont Statutes Annotated, 1992, Chapter 59. Underground Liquid Storage Tanks:
Section 1921Purpose.
Section 1922Definitions.
Section 1923Notice of New or Existing Underground Storage Tank.
Section 1924Integrity Report.
Section 1925Notice in Land Records.
Section 1926Unused and Abandoned Tanks.
Section 1927Regulation of Category One Tanks.
Section 1928Regulation of Large Farm and Residential Motor Fuel Tanks.
Section 1930Implementation; Coordination.
Section 1936Licensure of Tank Inspectors.
Section 1938Underground Storage Tank Trust Fund.
Section 1939Risk Retention Pool.
Section 1940Underground Storage Tank Incentive Program.
Section 1941Petroleum Cleanup Fund.
Section 1942Petroleum Distributor Licensing Fee.
Section 1943Petroleum Tank Assessment.
Section 1944Underground 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 8-101Purpose.
Section 8-102Applicability.
Section 8-103Severability.
(2) Subchapter 2: Definitions.
Section 8-201Definitions.
(3) Subchapter 3: Notification and Permits.
Section 8-301Notification, 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 8-302Permits.
Section 8-303Financial Responsibility Requirements.
Section 8-304Petroleum Tank Assessment.
Section 8-305Innovative Technology.
(4) Subchapter 4: Minimum Standards for New and Replacements Tanks and Piping.
Section 8-401General Requirements.
Section 8-402Tanks—Design and Manufacturing Standards.
Section 8-403Tanks—Secondary Containment.
Section 8-404Tanks—Release Detection.
Section 8-405Piping—Design and Construction.
Section 8-406Compatibility.
Section 8-407Spill and Overfill Prevention Equipment.
Section 8-408Installation.
(5) Subchapter 5: Minimum Operating Standards for Existing Tanks and Piping.
Section 8-501General Requirements.
Section 8-502Spill and Overfill Prevention.
Section 8-503Corrosion Protection of Metallic Components.
Section 8-504Release Detection.
Section 8-505Compatibility.
Section 8-506Repairs.
(6) Subchapter 6: Reporting, Investigation, Corrective Action and UST Closure.
Section 8-601General 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 8-602Reporting.
Section 8-603Release Investigation and Confirmation.
Section 8-604Corrective Action.
Section 8-605Closure of USTs.
Appendix AGroundwater Monitoring Requirements.
Appendix BInventory Monitoring Procedures.
Appendix CProcedures for Manual Tank Gauging.
Appendix DInstallation 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 62.1-44.34:8Definitions, except “Aboveground storage tank” and “Regulated substance”
Section 62.1-44.34:9Powers and duties of Board
Article 10: Petroleum Storage Tank Fund
Section 62.1-44.34:10Definitions, except “Aboveground storage tank” and “Regulated substance”
Section 62.1-44.34:11Virginia Petroleum Storage Tank Fund
Section 62.1-44.34:12Financial 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 25-580-10Definitions, except “Underground storage tank” includes heating oil tanks of greater than 5,000 gallon capacity and “Regulated substance”
9 VAC 25-580-20Applicability
9 VAC 25-580-30Interim prohibition for deferred UST systems
9 VAC 25-580-40Permitting and inspection requirements for all UST systems
Part II: UST Systems: Design, Construction, Installation, and Notification
9 VAC 25-580-50Performance standards for new UST systems
9 VAC 25-580-60Upgrading of existing UST systems
9 VAC 25-580-70Notification requirements
9 VAC 25-580-80Spill and overfill control
9 VAC 25-580-90Operation and maintenance of corrosion protection
9 VAC 25-580-100Compatibility
9 VAC 25-580-110Repairs allowed
Part III: General Operating Requirements
9 VAC 25-580-120Reporting and recordkeeping
Part IV: Release Detection
9 VAC 25-580-130General requirements for all petroleum and hazardous substance UST systems, except heating oil tanks of greater than 5,000 gallon capacity
9 VAC 25-580-140Requirements for petroleum UST systems
9 VAC 25-580-150Requirements for hazardous substance UST systems
9 VAC 25-580-160Methods of release detection for tanks
9 VAC 25-580-170Methods of release detection for piping
9 VAC 25-580-180Release detection recordkeeping
Part V: Release Reporting, Investigation, and Confirmation
9 VAC 25-580-190Reporting of suspected releases
9 VAC 25-580-200Investigation due to off-site impacts
9 VAC 25-580-210Release investigation and confirmation steps
9 VAC 25-580-220Reporting and cleanup of spills and overfills
Part VI: Release Response and Corrective Action for UST Systems Containing Petroleum for Hazardous Substances
9 VAC 25-580-230General
9 VAC 25-580-240Initial response
9 VAC 25-580-250Initial abatement measures and site check
9 VAC 25-580-260Site characterization
9 VAC 25-580-270Free product removal
9 VAC 25-580-280Corrective action plan
9 VAC 25-580-300Public participation
9 VAC 25-580-310Temporary closure
Part VII: Out-of-Service UST Systems and Closure
9 VAC 25-580-320Permanent closure and changes-in-service
9 VAC 25-580-330Assessing the site at closure or change-in-service
9 VAC 25-580-340Applicability to previously closed UST systems
9 VAC 25-580-350Closure records
Part VIII: Delegation
9 VAC 25-580-360Delegation 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 25-590-10Definitions
9 VAC 25-590-20Applicability
9 VAC 25-590-30Compliance dates
9 VAC 25-590-40Amount and scope of financial responsibility requirement
9 VAC 25-590-50Allowable mechanisms and combinations of mechanisms
9 VAC 25-590-60Financial test of self-insurance
9 VAC 25-590-70Guarantee
9 VAC 25-590-80Insurance and group self-insurance pool coverage
9 VAC 25-590-90Surety bond
9 VAC 25-590-100Letter of credit
9 VAC 25-590-110Trust fund
9 VAC 25-590-120Standby trust fund
9 VAC 25-590-130Substitution of financial assurance mechanisms by owner and operator
9 VAC 25-590-140Cancellation or nonrenewal by a provider of financial assurance
9 VAC 25-590-150Reporting by owner or operator
9 VAC 25-590-160Recordkeeping
9 VAC 25-590-170Drawing on financial assurance mechanism
9 VAC 25-590-180Release from the requirements
9 VAC 25-590-190Bankruptcy or other incapacity of owner, operator or provider of financial assurance
9 VAC 25-590-200Replenishment of guarantees, letters of credit or surety bonds
9 VAC 25-590-210Virginia Petroleum Storage Tank Fund
9 VAC 25-590-220Notices to the State Water Control Board
9 VAC 25-590-230Delegation of authority
9 VAC 25-590-240Lender liability
9 VAC 25-590-250Local government financial responsibility demonstration
9 VAC 25-590-260Word 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, Article 17: Underground Storage Tanks
Section 22-17-1Short title
Section 22-17-2Declaration of policy and purpose
Section 22-17-3Definitions
Section 22-17-4Designation of division of environmental protection as the state underground storage tank program lead agency
Section 22-17-6Promulgation of rules and standards by director, except § 22-17-6.(b)(12) and (b)(13)
Section 22-17-8Notification requirements
Section 22-17-9Registration requirements; undertaking activities without registration
Section 22-17-10Financial responsibility
Section 22-17-11Performance standards for new underground storage tanks
Section 22-17-12Confidentiality, except § 22-17-12.(b)
Section 22-17-14Corrective action for underground petroleum storage tanks
Section 22-17-22Underground storage tank insurance fund
(b) The regulatory provisions include:
(1) West Virginia Code of State Regulations, Title 33: Office of Waste Management Rule, Series 30: Underground Storage Tanks
Section 33-30-1General
Section 33-30-2Adoption of Federal Regulations
Section 33-30-4Notification Requirements, except § 33-30-4.2.b and 4.4.b
[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.fdsys.gov.

Title 40 published on 2013-07-01

The following are only the Rules published in the Federal Register after the published date of Title 40.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2014-04-10; vol. 79 # 69 - Thursday, April 10, 2014
    1. 79 FR 19830 - Underground Storage Tank Program: Codification of Approved State Program for South Carolina
      GPO FDSys XML | Text
      ENVIRONMENTAL PROTECTION AGENCY
      Direct final rule.
      This direct final rule is effective June 9, 2014, unless EPA publishes a prior Federal Register notice withdrawing this direct final rule. All comments on the codification of South Carolina's underground storage tank program must be received by the close of business May 12, 2014. The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register, as of June 9, 2014, in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
      40 CFR Part 282

Title 40 published on 2013-07-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 40 CFR 282 after this date.

  • 2014-04-10; vol. 79 # 69 - Thursday, April 10, 2014
    1. 79 FR 19830 - Underground Storage Tank Program: Codification of Approved State Program for South Carolina
      GPO FDSys XML | Text
      ENVIRONMENTAL PROTECTION AGENCY
      Direct final rule.
      This direct final rule is effective June 9, 2014, unless EPA publishes a prior Federal Register notice withdrawing this direct final rule. All comments on the codification of South Carolina's underground storage tank program must be received by the close of business May 12, 2014. The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register, as of June 9, 2014, in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
      40 CFR Part 282