40 CFR Appendix A to Subpart B of 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:
(a) The statutory provisions include: Alabama Underground Storage Tank and Wellhead Protection Act of 1988, Ala. Code sections 22-36-1 to 22-36-10 (1988):
(b) The regulatory provisions include:
Alabama Underground Storage Tank Control Regulations, Ala. Admin. Code r. 335-6-15-.01 to 335-6-15-.49 (2017):
Rule 335-6-15-.02 Definitions.
Rule 335-6-15-.03 Applicability.
Rule 335-6-15-.04 Installation Requirements For Partially Excluded UST Systems.
Rule 335-6-15-.05 Notification Requirements.
Rule 335-6-15-.06 Performance Standards For New UST Systems, And Dispensers.
Rule 335-6-15-.07 Upgrading Of Existing UST Systems.
Rule 335-6-15-.08 Plans and Specifications.
Rule 335-6-15-.09 Operation, Maintenance, and Testing or Inspection of Spill and Overfill Prevention Equipment And Containment Systems; And Walkthrough Inspections.
Rule 335-6-15-.10 Operation and Maintenance of Corrosion Protection.
Rule 335-6-15-.11 Compatibility.
Rule 335-6-15-.12 Repairs Allowed.
Rule 335-6-15-.13 Reporting And Recordkeeping, insofar as it imposes requirements on owners and operators.
Rule 335-6-15-.14 General Release Detection Requirements For All UST Systems.
Rule 335-6-15-.15 Release Detection Requirements For Petroleum UST Systems.
Rule 335-6-15-.16 Release Detection Requirements For Hazardous Substance UST Systems.
Rule 335-6-15-.17 Methods Of Release Detection For Underground Storage Tanks.
Rule 335-6-15-.18 Methods Of Release Detection For Underground Piping.
Rule 335-6-15-.19 Release Detection Recordkeeping, insofar as it imposes requirements on owners and operators.
Rule 335-6-15-.20 Reporting Of Suspected Releases.
Rule 335-6-15-.21 Investigation Due To Environmental Impacts.
Rule 335-6-15-.22 Release Investigation And Confirmation Steps.
Rule 335-6-15-.23 Reporting And Cleanup Of Spills And Overfills.
Rule 335-6-15-.24 Initial Release Response.
Rule 335-6-15-.25 Initial Abatement Measures And Preliminary Investigation.
Rule 335-6-15-.26 Preliminary Investigation Requirements.
Rule 335-6-15-.27 Free Product Removal.
Rule 335-6-15-.28 Secondary Investigation Requirements.
Rule 335-6-15-.29 Corrective Action Plan.
Rule 335-6-15-.30 Corrective Action Requirements.
Rule 335-6-15-.33 Temporary Closure.
Rule 335-6-15-.34 Permanent Closure And Changes-In-Service.
Rule 335-6-15-.35 Site Closure Or Change-In-Service Assessment.
Rule 335-6-15-.36 Applicability to Previously Closed UST Systems.
Rule 335-6-15-.37 Closure Records.
Rule 335-6-15-.43 Financial Responsibility for Petroleum UST Owners And Operators.
Rule 335-6-15-.46 Operator Training.
Rule 335-6-15-.48 UST Systems With Field-Constructed Tanks And UST Systems With Airport Hydrant Fuel Distribution Systems.
(c) Copies of Alabama statutes that are incorporated by reference are available from the Legislative Services Agency, Alabama State House, Suite 613, 11 South Union Street, Montgomery, Alabama 36110-2400; Phone number: (334) 271-7700; website: http://lsa.state.al.us. Copies of Alabama regulations that are incorporated by reference are available at the following website: http://www.alabamaadministrativecode.state.al.us.
(a) The regulatory provisions include: Arkansas Pollution Control and Ecology Commission (APC&EC) Regulation No. 12 Storage Tanks, as amended effective August 24, 2018:
Chapter 1 General Provisions, Reg. 12.103 Definitions, except (B)(1), Reg. 12.104 Incorporation of Federal Regulations, Reg. 12.105 Records, Reg. 12.106 Entry and Inspection of Underground Storage Tank Facilities, Reg. 12.108 Notice Requirements, Reg. 12.109 Secondary Containment;
Chapter 2 Registration of Storage Tanks, Reg. 12.201(A);
Chapter 5: Licensing of Underground Storage Tank Installers and Service Personnel, Reg. 12.502 Definitions, Reg. 12.503 Applicability, Reg. 12.504 General Requirements, Reg. 12.505 Surety Requirement, Reg. 12.506 Notification Requirement, Reg. 12.507 Contractor Licensing, Reg. 12.508 Individual Licensing, Reg. 12.509 Contractor/Individual Licensing, Reg. 12.510 Experience Requirements, Reg. 12.511 Licensing Examination, Reg. 12.512 Renewal of Licenses, Reg. 12.513 Denial of Licenses, Reg. 12.514 Department Approval of Training and Continuing Education;
Chapter 6: Licensing of Underground Storage Tank Testers, Reg. 12.602 Definitions, Reg. 12.603 Applicability, Reg. 12.604 General Requirements, Reg. 12.605 Surety Requirement, Reg. 12.606 Company Licensing, Reg. 12.607 Individual Licensing, Reg. 12.608 Company/Individual Licensing, Reg. 12.609 Experience Requirements, Reg. 12.610 Renewal of Licenses, Reg. 12.611 Denial of Licenses, Reg. 12.612 Department Approval of Training and Continuing Education; and
Chapter 7: Operator Training, Reg. 12.702 Definitions, Reg. 12.703 Applicability, Reg. 12.704 General Requirements, Reg. 12.705 Class A Operator Certification, Reg. 12.706 Class B Operator Certification, Reg. 12.707 Class C Operator Training, Reg. 12.708 Operator Examination.
(b) Copies of the Arkansas regulations that are incorporated by reference are available from the Arkansas Department of Environmental Quality (ADEQ) website at http://www.adeq.state.ar.us/regs/default.htm or the Public Outreach Office, ADEQ, 5301 Northshore Drive, North Little Rock, Arkansas 72118-5317; Phone number: (501) 682-0923.
(a) The statutory provisions include: Colorado Revised Statutes (2018), Title 8 Labor and Industry, Article 20.5 Petroleum Storage Tanks, Part 1 Administration: Section 8-20.5-101(16) definition of “tank”.
(b) The regulatory provisions include:
(1) Code of Colorado Regulations (May 1, 2018), 7 CCR 1101-14 “Department of Labor and Employment, Division of Oil and Public Safety, Storage Tank Regulations”:
Article 1 General Provisions:
Section 1-5 Definitions, except “aboveground storage tank” (AST), “aboveground storage tank (AST) system,” “fire resistant tank,” “motor fuel,” the phrase “or above ground” in the definition of “operator,” Item (3) in the definition of “owner” relative to ASTs, and paragraph relative to ASTs in the definition of “secondary containment”; 1-6 Glossary of Acronyms and Initializations;
Article 2 Underground Storage Tanks:
Section 2-1 UST Program Scope and Applicability; Subsections 2-1-1 Applicability; 2-1-2 Determination of ownership and use;
Section 2-2 UST Design, Construction, Installation and Registration; Subsections 2-2-1 Design and Performance standards for new and replaced UST systems; 2-2-2 Installation; 2-2-2-1 Installation Application; 2-2-2-2 Installation Requirements; 2-2-2-3 Installation Inspection; 2-2-3 UST System Registration; 2-2-4 Upgrading existing UST System; 2-2-5 Repairs;
Section 2-3 Operation; Subsections 2-3-1 Operator training; 2-3-1-1 Classes of Operators; 2-3-1-2 Class A Operator; 2-3-1-3 Class B Operator; 2-3-1-4 Class C Operator; 2-3-1-5 Acceptable Training and Certification Processes; 2-3-1-6 Training and Certification Deadlines and Schedules; 2-3-1-7 Retraining Requirements; 2-3-1-8 Documentation; 2-3-2 Spill and Overfill Prevention; 2-3-3 Corrosion Protection; 2-3-4 Release Detection; 2-3-4-1 General requirements for all UST systems; 2-3-4-2 Requirements for regulated substance UST Systems; 2-3-4-3 Requirements for Piping; 2-3-4-4 Requirements for hazardous substance UST systems; 2-3-5 Periodic testing of spill prevision equipment and containment sumps used for interstitial monitoring of piping and periodic inspection of overfill prevention equipment; 2-3-6 Compliance inspections; 2-3-6-1 Monthly Compliance Inspections; 2-3-6-2 Annual Operational Compliance Inspections; 2-3-6-3 Inspections Conducted by the Director; 2-3-7 Reporting and Record Keeping;
Section 2-4 Closure of UST Systems; Subsections 2-4-1 Temporary Closure; 2-4-2 Permanent Closure; 2-4-3 Site Assessment;
Section 2-5 UST Systems with Field-Constructed Tanks and Airport Hydrant Fuel Distribution Systems; Subsections 2-5-1 Definitions; 2-5-2 General requirements; 2-5-3 Additions, exceptions, and alternatives for UST systems with field-constructed tanks and airport hydrant systems;
Article 4 Release Identification And Reporting:
Sections 4-1 Suspected Releases; 4-2 Response to Suspected Releases; 4-3 Confirmed Releases;
Article 5 Release Response:
Section 5-1 Response to Confirmed Releases; Subsections 5-1-1 Acute human health hazards; 5-1-2 Chronic and secondary human health hazards and other environmental impacts; Section 5-2 Site Characterization;
Section 5-3 Corrective Action;
Section 5-4 No Further Action Request;
Article 7 Financial Responsibility Requirements For Owners/Operators Of Petroleum Underground Storage Tanks:
Section 7-1 Applicability;
Section 7-2 Financial Responsibility Mechanisms;
Section 7-3 Maintenance of Financial Responsibility.
(c) Copies of the Colorado statutes and regulations that are incorporated by reference are available from the following offices:
Statutes—Colorado Revisor of Statutes, 200 E. Colfax Avenue, Denver, CO 80203; Attn: Office of Legislative Legal Services; Phone number: (303) 866-2045; website: https://leg.colorado.gov/agencies/office-legislative-legal-services/colorado-revised-statutes.
Regulations—Colorado's Secretary of State, 1700 Broadway, Denver, CO 80290; Attn: Code of Colorado Regulations and Administrative Rules; Phone number: (303) 894-2200 ext. 6418; email: rules@sos.state.co.us; website: https://www.sos.state.co.us/CCR/Welcome.do.
(a) The statutory provisions include:
1. Connecticut General Statutes Title 22A. Environmental Protection Chapter 446K. Water Pollution Control, Section 22a-449. Duties and powers of commissioner resources of potential pollution or damages. Licenses, regulations. Nonresidential underground storage tank systems. (a); (d); (e) except annual tank fee; and (f).
2. Connecticut General Statutes Title 22A. Environmental Protection Chapter 446K. Water Pollution Control, Section 22a-449o. Requirement for double-walled underground storage tanks.
3. Connecticut General Statutes Title 22A. Environmental Protection Chapter 446K. Water Pollution Control, Section 22a-449q. Storage of underground storage tank system records.
4. Connecticut General Statutes Title 22A. Environmental Protection Chapter 446K. Water Pollution Control, Section 22a-450. Report of discharge, spill, loss, seepage or filtration. Regulations.
(b) The regulatory provisions include:
1. RCSA, Title 22a. Environmental Protection, Section 22a-449(d) Underground Storage Tank System Management (effective December 1, 2021).
Section 1 Control of the nonresidential underground storage and handling of oil and petroleum liquids, except (d)(1) and (2) notification of life expectancy determination, life expectancy (h)(1)—(3), and (l) variances.
Section 100 Reserved.
Section 101 Technical standards and corrective action for owners and operators of underground storage tank systems-program scope and interim prohibition.
Section 102 UST systems: design, construction installation and notification.
Section 103 General operating requirements.
Section 104 Release Detection.
Section 105 Release reporting, investigation, and confirmation.
Section 106 Release response and corrective action for UST systems containing petroleum or hazardous substances.
Section 107 Out-of-service UST systems and closure.
Section 108 Operator training required.
Section 109 Financial responsibility.
Section 110 UST system upgrading, abandonment and removal date.
Section 112 UST system location transfer.
Section 113 Transfer of UST system ownership, possession or control.
(a) The statutory provisions include:
(1) Code of Delaware, Title 7, Chapter 74, Delaware Underground Storage Tank Act
(2) [Reserved]
(b) The regulatory provisions include:
(1) Delaware Administrative Code, Title 7, Chapter 1351, Underground Storage Tank Systems
(2) [Reserved]
(a) The statutory provisions include:
(1) Code of the District of Columbia, Division I, Title 8, Subtitle A, Chapter 1, Subchapter VII, Underground Storage Tank Management, sections 8-113.01-113.12
(2) [Reserved]
(b) The regulatory provisions include:
(1) District of Columbia Municipal Regulations, Title 20, Chapters 55-67 and 70, Underground Storage Tanks
(2) [Reserved]
(a) The statutory provisions include: Official Code of Georgia Annotated (2017), Title 12: “Conservation and Natural Resources,” Chapter 13, “Georgia Underground Storage Tank Act”:
Section 12-13-1 Short title.
Section 12-13-2 Public policy.
Section 12-13-3 Definitions, except (8) and (16).s
Section 12-13-4 Exceptions to chapter.
Section 12-13-9 Establishing financial responsibility; claims against the guarantor; Underground Storage Tank Trust Fund, except (d) through (i).
Section 12-13-13 Notification by owner of underground storage tank, except (e).
(b) The regulatory provisions include: Rules and Regulations of the State of Georgia (November 6, 2017), Department 391: “Rules of the Georgia Department of Natural Resources,” Chapter 3, “Environmental Protection,” Subject 15, “Underground Storage Tank Management”:
Section 391-3-15-.01(3) General Provisions
Section 391-3-15-.02 UST Exclusions.
Section 391-3-15-.03 Definitions, except (1)(a), (1)(g), (1)(i), and (1)(p) through (r).
Section 391-3-15-.05 UST Systems: Design, Construction, Installation, and Notification, except (4).
Section 391-3-15-.06 General Operating Requirements.
Section 391-3-15-.07 Release Detection.
Section 391-3-15-.08 Release Reporting, Investigation, and Confirmation.
Section 391-3-15-.09 Release Response and Corrective Action for UST Systems Containing Petroleum, except (5) and (7).
Section 391-3-15-.10 Release Response and Corrective Action for UST Systems Containing Hazardous Substances.
Section 391-3-15-.11 Out-of-Service UST Systems and Closure.
Section 391-3-15-.12 Underground Storage Tanks Containing Petroleum; Financial Responsibility Requirements, except (3).
Section 391-3-15-.16 Operator Training.
Section 391-3-15-.17 Airport Hydrant Systems and Field Constructed Tanks.
(c) Copies of the Georgia statutes that are incorporated by reference are available from LexisNexis, Attn: Official Code of Georgia Annotated, 701 East Water Street, Charlottesville, VA 22902-5389; Phone number: 1-800-833-9844; website: http://sos.ga.gov/index.php/elections/georgia_code_-_lexisnexis. Copies of the Georgia regulations that are incorporated by reference are available from the Administrative Procedures Division, Office of the Georgia Secretary of State, 5800 Jonesboro Road, Morrow, Georgia 30260; Phone number: (678) 364-3785; website: http://rules.sos.ga.gov/gac/391-3-15.
(a) The statutory provisions include:
(1) Hawaii Revised Statutes, Chapter 342L, Underground Storage Tanks.
(2) Hawaii Revised Statutes, Chapter 342D, Water Pollution.
(b) The regulatory provisions include:
(1) Hawaii Administrative Rules, Chapter 11-281, Underground Storage Tanks
(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.
(a) The statutory provisions include:
(1) Idaho Code, Title 39, “Health and Safety,” Chapter 1, “Environmental Quality—Health”: Section 39-103, “Definitions,” 39-103(3), (6), (7), (11), (12), (15)-(18); Section 39-107, “Board—Composition—Officers—Compensation—Powers—Subpoena—Depositions—Review—Rules,” 39-107(7).
(2) Idaho Code, Title 39, “Health and Safety,” Chapter 88, “Idaho Underground Storage Tank Act”: Sections 39-8803, “Definitions,” -8804, “Program Scope,” -8805, “Rules Governing Underground Storage Tank Systems,” -8805A, “Compliance Dates for Certain Rules,” -8806, “Additional Measures to Protect Ground Water,” -8807, “Operator Training,” -8808, “Inspections,” -8809, “Delivery Prohibition,” and -8810, “Underground Storage Tank Database.”
(b) The regulatory provisions include:
(1) Idaho Administrative Code 58, Title 01, Chapter 07:
(2) Idaho Administrative Code 58, Title 01, Chapter 24.
(c) Copies of the Idaho provisions that are incorporated by reference are available from Idaho's Office of Administrative Rules Coordinator, P.O. Box 83720, Boise, ID 83720; Phone number: 208-332-1820; website: https://adminrules.idaho.gov/.
(a) The statutory provisions include Code of Iowa Chapter 455B, Jurisdiction of the Department of Natural Resources, Division IV, Solid Waste Disposal, Part 8—Underground Storage Tanks (455B.471 et seq.):
(b) The regulatory provisions include 567 Iowa Administrative Chapter 135—Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks and Chapter 136—Financial Responsibility for Underground Storage Tanks:
Iowa Administrative Code 135.2 except for the farm and residential tanks of 1100 gallons or less capacity used for storing motor fuel for noncommercial purposes component of the definition of underground storages tanks that requires that such tanks installed in Iowa after July 1, 1987, to be subject to the requirements of 567 Iowa Administrative Code Chapter 135 making them more stringent. All other definitions corresponding to those listed in 40 CFR 280.12 are incorporated by reference.
Iowa Administrative Code 135.1(3)(a), 135.1(3)(a)(4).
Iowa Administrative Code 135.3(1), 135.3(1)(a), 135.3(1)(a)(4)(2), 135.3(1)(b), 135.3(1)(c)(1) through (4), 135.3(1)(d), 135.3(1)(e), 135.3(1)(f)(1) and (4), except for IAC 135.3(1)(f)(2) and (3) language that specifies when under dispenser containment must be installed depending on what dispensing equipment is installed or replaced, what connections are made to the dispensers, and whether or not replaced or new piping is within 10 feet given dispensers making them more stringent.
Iowa Administrative Code 135.3(2)(b), 135.3(2)(c), 135.3(2)(d), except for IAC 135.3(3)(c) language Iowa requiring that owners must have tank tags affixed to the fill pipe in order to receive deliveries of product into the USTs they own making them more stringent.
Iowa Administrative Code 135.3(3)(d)(1) through (4) except for IAC 135.3(3)(h) language requiring that a person installing an underground storage tank and the owner or operator of the underground storage tank must notify the department of their intent to install the tank 30 days prior to installation making them more stringent.
Iowa Administrative Code 135.3(9), 135.3(9)(b)(2).
Iowa Administrative Code 135.4 except for 135.4(6)(a)(2), (3); IAC 135.4(8)(a)(2); IAC 135.4(8)(b)(1) language that specifies the codes of practice to be discussed during UST Operator training making them more stringent.
Iowa Administrative Code 135.4(1), 135.4(1)(b), 135.4(2)(a) through (d), 135.4(3), 135.4(3)(a), 135.4(4)(a), 135.4(4)(b), 135.4(4)(c)(1) and (3), 135.4(4)(d), 135.4(4)(e), 135.4(4)(f), 135.4(4)(h), 135.4(5)(a)(1) through (6), 135.4(5)(b), 135.4(5)(b)(8) and (11), 135.4(5)(c) except for IAC 135.4(6)(i) language requiring that C UST Operator be retrained in 15 days making them more stringent and except for IAC 135.4(8)(a)(12) language Iowa specifying what financial responsibility topics must be covered during Class A UST Operator Training making them more stringent.
Iowa Administrative Code 135.4(12), 135.4(12)(c), 135.4(13), 135.4(13)(e).
Iowa Administrative Code 135.5(1)(a) through (d), 135.5(2), 135.5(3), 135.5(4)(a), 135.5(4)(b), 135.5(4)(c), 135.5(4)(d)(1) through (3), 135.5(4)(e)(1) through (7), 135.5(4)(f), 135.5(4)(g)(1), 135.5(4)(g)(2), 135.5(4)(h)(1) and (2), 135.5(4)(i), 135.5(5)(a), 135.5(5)(b), 135.5(5)(c), 135.5(5)(d), 135.5(6) except for IAC 135.5(5)(d) language specifying the types of methods used for monitoring containment spaces, how often the monitoring is done, and containment should be kept free of liquid or debris that would affect the monitoring making them more stringent.
Iowa Administrative Code 135.6(1), 135.6(2), 135.6(3)(a), 135.6(4)(a) and (b).
Iowa Administrative Code 135.7(2), 135.7(3), 135.7(5)(a), 135.7(5)(b), (c), 135.7(5)(d)(1), 135.7(5)(d)(2), 135.7(5)(d)(4) through (8) except for IAC 135.7(5)(e) language requiring a 60-day timeframe for implementing and installing free product recovery system approved by the department making them more stringent:
Iowa Administrative Code 135.13.
Iowa Administrative Code 135.15(1)(a), 135.15(1)(b)(1), 135.15(1)(b)(2), 135.15(1)(b)(3), 135.15(1)(b)(6), 135.15(1)(c)(2), 135.15(1)(c)(3), 135.15(1)(c)(6), 135.15(1)(d) except for IAC 135.15(1)(f) language setting requirements for returning a UST to service after an extended period of temporary closure making them more stringent.
Iowa Administrative Code 135.15(2)(b) and (c), 135.15(3)(a) and (f), 135.15(5) except for IAC 135.15(2)(a) language requiring department approval for removals undertaken with less than 30 days of notice making them more stringent.
Iowa Administrative Code 136.1 except for 136.1(4) requiring that farm and residential tanks of 1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes installed in Iowa after July 1, 1987, be made subject to the requirements of 567 Iowa Administrative Code Chapter 136 making them more stringent.
Iowa Administrative Code 136.23 except for IAC 136.23(3) language requiring that department receives notice of bankruptcy within 10 days making them more stringent.
(a) The statutory provisions include Kansas Statutes Annotated, 2015; Chapter 65, Public Health; Article 34, Solid and Hazardous Waste; Section 100 et seq., Kansas Storage Tank Act:
Section 100 Statement of legislative findings
Section 101 Citation of Act
Section 102 Definitions
Section 103 Exceptions to application of Act
Section 104 Notification to department of tank's existence
Section 105 Rules and regulations, except for 65-34, 105 (a)(2), the following words in (a)(8), “including determination of the qualifications of persons performing or offering to perform such testing,” (a)(10), (a)(11), (a)(12) and the following words in (a)(13), “and aboveground storage tanks in existence on July 1, 1992” and “and aboveground storage tanks placed in service prior to July 1, 1992”
Section 106 Permit to construct, install, modify, or operate storage tank, except the following words in the title and (a), “construct, install, modify or” and “and any aboveground storage tank registered with the department on July 1, 1992,”
Section 107 Evidence of financial responsibility required; limitation of liability
Section 115 Liability for costs of corrective action
Section 118 Corrective action; duties of owners and operators; duties of Secretary; consent agreement; contents, except for the following words in (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.”
Section 135 Underground storage tank operators, training program, requirements
Section 138 Underground storage tank systems; secondary containment
(b) The regulatory provisions include Kansas Administrative Regulations, 2020; Chapter 28, Department of Health and Environment; Article 44, Petroleum Products Storage Tanks:
Section 12 General provisions, except (c) and (d)
Section 13 Program scope and interim prohibition
Section 14 Definitions
Section 16 Underground storage tank systems: Design, construction, installation, modification, and notification
Section 17 Underground storage tank registration and operating permit, except (b), the following words in (c), “be assessed a penalty fee of $50.00 for each tank if the owner fails to”, (d), (e), and (f)
Section 19 General operating requirements
Section 23 Release detection
Section 24 Release reporting, investigation, and confirmation
Section 25 Release response and corrective action for UST systems
Section 26 Out-of-service UST systems and closure
Section 27 Financial responsibility
Section 30 Operating training and requirements
Section 31 UST systems with field-constructed tanks and airport hydrant fuel distribution systems
(a) The statutory provisions include:
(1) Kentucky Revised Statutes (KRS) Chapter 224.
224.60-100 Underground storage tanks and regulated substances defined.
224.60-105(1) Registration of underground storage tanks—Programs to regulate tanks.
224.60-115 Definitions for KRS 224.60-120 to 224.60-150.
224.60-120 Financial responsibility of petroleum storage tank owner or operator—Administrative regulations, except (6).
224.60-135(1) Corrective action for a release into the environment from a petroleum storage tank, except the second sentence in (1).
(2) [Reserved]
(b) The regulatory provisions include:
(1) 401 Kentucky Administrative Regulations (KAR) Chapter 42.
401 KAR 42:005. Definitions for 401 KAR Chapter 42.
401 KAR 42:020. UST system requirements, notification, registration, and annual fees.
Section 1. Applicability and Exclusions.
Section 2. Notification, Registration, and Annual Fees, except (1)(b), (2)-(6), and certain provisions in (7)(c), (8) and (9).
Section 3. Temporary Closure, except (1).
Section 4. Performance Standards for New UST Systems.
Section 5. Upgrading of Existing UST Systems.
Section 6. Double Walled Tanks and Piping Requirements.
Section 8. Spill Containment Devices (Spill Buckets and Catch Basins).
Section 9. Overfill Prevention Requirements.
Section 10. Under-dispenser Containment (UDC) and Sump Requirements.
Section 11. Corrosion Protection Operation and Maintenance, except certain language in (4) and (9).
Section 12. Compatibility.
Section 13. Repairs, except (2).
Section 14. Noncorrodible Piping.
Section 15. Release Detection, except (6) and (7).
Section 16. Operator Training Requirements.
Section 17. Walkthrough Inspections.
Section 19. Recordkeeping.
Section 20. Financial Responsibility.
Section 21. Lender Liability.
Section 23. Incorporation by Reference.
401 KAR 42:060. UST system release and corrective action requirements.
Section 1. Reporting for Releases, Spills, and Overfills.
Section 3. Off-Site Impacts.
Section 4. Release Investigation and Confirmation.
Section 5. Release Response and Corrective Action.
Section 6. Permanent Closure or Change in Service.
Section 10. Incorporation by Reference.
(2) [Reserved]
(a) The regulatory provisions include:
Louisiana Administrative Code, Title 33, Part XI. Underground Storage Tanks; effective September 20, 2018:
(b) Copies of the Louisiana UST regulations that are incorporated by reference are available from the Louisiana Office of the State Register, P.O. Box 94095, Baton Rouge, LA 70804-9095; Phone number: (225) 342-5015; website: https://www.doa.la.gov/Pages/osr/lac/LAC-33.aspx; or Louisiana Department of Environmental Quality's website: http://www.deq.louisiana.gov/resources/category/regulations-lac-title-33.
(a) The statutory provisions include:
Section 341-A. Department of Environmental Protection, Section 341-H. Departmental rulemaking, Section 342-B. Liability of fiduciaries and lenders, Section 343-E. Voluntary response action program, Section 347-C. Right of inspection and entry.
Section 541. Findings; purpose, Section 542. Definitions, Section 543. Pollution and corruption of waters and lands of the State prohibited, Section 548. Removal of prohibited discharges.
Section 561. Findings, purpose, Section 562-A. Definitions, Section 563. Registration and inspection of underground oil storage tanks and piping, except 9., Section 563-A. Prohibition of nonconforming underground oil storage facilities and tanks, Section 563-B. Regulatory powers of department, Section 564. Regulation of underground oil storage facilities used to store motor fuels or used in the marketing and distribution of oil, except 5., Section 566-A. Abandonment of underground oil storage facilities and tanks, Section 567-A. Certifications, Section 568. Cleanup and removal of prohibited discharges, except 3. and 4., Section 568-A. Fund coverage requirements, Section 568-B. Clean-up and Response Review Board created, Section 569-C. Limited exemption from liability for state or local governmental entities, Section 570. Liability, Section 570-F. Special provisions, Section 570-K. Aboveground oil storage facilities, Section, Section 570-N. Rules, wastewater treatment tank systems.
Section 1391. Declaration of Policy, Section 1392. Definitions, Section 1393. Prohibition on installation of facilities in wellhead protection zones, Section 1394. Variances, Section 1398. Eligibility for Clean-up funds, Section 1399. Municipal authority, Section 1400. Rules.
(b) The regulatory provisions include:
1. 06-096, Maine Department of Environmental Protection, Chapter 691, Rule for Underground 4il Storage Facilities: (effective September 26, 2018).
Section 1. Legal Authority, Section 2. Preamble; Section 3. Definitions, Section 4. Registration of Underground Storage Facilities, except O; Section 5. Regulation of Underground Oil Storage Facilities Used to Store Motor Fuels or Used in the Marketing and Distribution of Oil, except B. (4)(a), (d), (g), (h), and (j); (5)(b); D. (3)(f); (6)(b); (11)(e); (14)(c); (15)(f)(vii); (17); (19)(b); and F.; Section 7. Regulation of Facilities for the Underground Storage of Waste Oil, except B. (7); Section 8. Regulation of Field Constructed Underground Oil Storage Tanks, except B. (1)(d) and (e) and (4)(b), (d), and (e); Section 9. Regulation of Facilities for the Underground Storage of Heavy Oils, except B.; Section 10. Regulation of Airport Hydrant Systems, except B. (1)(c); (3)(b), (f), and (h); and D. (2); Section 11. Regulations for Closure of Underground Oil Storage Facilities; Section 12. Discharge and Leak Investigation, Response and Corrective Action Requirements, except A. (3); Section 13. Regulation of Wastewater Treatment Tank Systems and Aboveground Oil Storage Tanks, APPENDIX A: Requirements for Cathodic Protection Monitoring, APPENDIX B: Requirements for Tank, Piping and Containments Sump Tightness Tests, APPENDIX C: Requirements for Pneumatic (Air) and other Pre installation Tightness Testing, APPENDIX D: Installation Requirements Applicable to New and Replacement Tanks, APPENDIX E: Installation Requirements for New and Replacement Piping, APPENDIX F: Specifications and Requirements for Vertical Ground Water Monitoring Wells at Existing Facilities, APPENDIX H: Procedures for Weekly Monitoring, Handling, and Obtaining Samples for Laboratory Analysis, APPENDIX I: Sample Daily Inventory Reporting Log, APPENDIX J: Requirements for Abandonment of Underground Oil Storage Tanks by Removal, APPENDIX K: Requirements for Abandonment of Underground Oil Storage Tanks by Filling in Place, APPENDIX L: Requirements for Underground Oil Storage Tank Processing Facilities, APPENDIX M: Cathodic Protection Tester Certification Requirements, APPENDIX N: Corrosion Expert Certification Requirements, APPENDIX P: Requirements for Site Assessment at Facility Closure or Tank Abandonment, APPENDIX Q: Characterization and Notification Requirements, APPENDIX R: List of National Standards and Codes Cites, APPENDIX S: Department Approved Laboratory Analytical Methods and Performance Standards for Analysis of Oil and its Constituents in Water, Soil, Soil Gas and Indoor Air, APPENDIX T: Containment Sumps & Spill Bucket Integrity Testing Protocol & Management of Waste Fluids.
2. 06-096, Department of Environmental Protection; Chapter 693: Operator Training for Underground Oil, Hazardous Substance, and Field Constructed Underground Oil Storage Facilities, and Airport Hydrant Systems (effective September 26, 2018) only insofar as they pertain to the regulation of underground storage tanks in Maine and only insofar as they are incorporated by reference and are not broader in scope than the Federal requirements.
(a) The statutory provisions include:
1. Chapter 21E, Massachusetts Oil and Hazardous Material Release Prevention and Response Act
Section 1: Short title; section 2: Definitions; section 3: Implementation; regulations; response actions; section 7: Notice of release or threat of release.
2. Chapter 21O, Operation and Removal of Underground Storage Tanks
Section 2: Notification of operation of underground storage tanks; definitions; section 3: Notification of operation of underground storage tanks; requirements; exceptions; section 5: Notification of operation of underground storage tanks; regulations for requirements and standards of tanks;
(b) The regulatory provisions include:
1. Code of Massachusetts Regulations, Title 310 CMR Chapter 80, Underground Storage Tank Systems: (effective October 1, 2021)
General Provisions section, 80.01: Authority; 80.02: Purpose; 80.03: Definitions; 80.04: Applicability, (1) through (13), except (6)(c), and (8) through (12); 80.05: Rules of Construction; 80.06: Computation of Time; 80.07: Accurate and Timely Submittals to the Department and Record Keeping; 80.08: Accurate and Complete Record Keeping; 80.09: Accurate Monitoring; 80.10: Duty to Provide Information.
Design, Construction, and Installation Requirements section, 80.14: General Requirements; 80.15: General Prohibitions; 80.16: Installation Requirements, except (7); 80.17: Specifications for Tanks, except (3); 80.18: Specifications for Regulated Substance Piping; 80.19: Leak Detection; 80.20: Requirements for Turbine, Intermediate and Dispenser Sumps, except (6); 80.21: Requirements for Spill Buckets and Overfill Prevention Equipment, except (1)(d); 80.22: Requirements for Corrosion Protection.
General Operating Requirements section, 80.23: Requirements for Registration and Reporting, except (1)(b) 2; 80.24: General Requirements; 80.26: Requirements for Leak Detection Systems; 80.27: Requirements for Turbine, Intermediate and Dispenser Sumps; 80.28: Requirements for Spill Buckets and Overfill Prevention Equipment; 80.29: Requirements for Corrosion Protection; 80.30: Requirements for Compatibility; 80.31: Requirements for Inventory Monitoring; 80.32: Requirements for Tank and Pipe/Line Tightness Testing; 80.33: Requirements for Repairs and Replacements; 80.35: Requirements for Periodic Inspections, except (2)(c); 80.36: Requirements for Recordkeeping;
Operator Training section, 80.37: Class A, B, and C Operator Requirement and Certifications
Leakage and Release: Response, Reporting and Remediation section, 80.38: Response to a Release; 80.39: Response to Leakage; 80.40: Reportable Releases.
Change-In-Product, Out of Service Systems and Closure section, 80.41: Requirements for Change-in-product; 80.42: Requirements for Taking a UST System Temporarily Out-of-service; 80.43: Requirements for Removal and Permanent Closure In-place, except (7); 80.44: Requirements for a Tank within a Tank; 80.45: UST Systems Temporarily Out-of-service for over Five Years; 80.46: Requirements for Previously Closed-in-place UST Systems; 80.47: Standards for Cleaning and Closure.
Financial Responsibility section, 80.51: Definitions; 80.52: Requirements for Amount and Scope of Financial Responsibility; 80.53: Allowable Mechanisms and Combinations of Mechanisms; 80.54: Requirements for Financial Responsibility Mechanisms; 80.55: Requirements for a Standby Trust; 80.56: Substitution of Financial Assurance Mechanisms by Owner or Operator; 80.57: Cancellation or Nonrenewal by a Provider of Financial Assurance; 80.58: Requirements for Reporting by Owner or Operator; 80.59: Requirements for Recordkeeping; 80.60: Requirements for Drawing on Financial Assurance Mechanisms; 80.61: Release from Financial Responsibility Requirements; 80.62: Bankruptcy or Other Incapacity of Owner or Operator or Provider of Financial Assurance; 80.63: Requirements for Replenishment of Local Government Guarantees, Letters of Credit, or Surety Bonds.
Requirements for Airport Hydrant Fuel Distribution Systems section, 80.64: Requirements for Airport Hydrant Fuel Distribution Systems.
2. Code of Massachusetts Regulations, Title 310 CMR 40: Massachusetts Contingency Plan (effective March 1, 2024) only insofar as they pertain to the regulation of underground storage tanks in Massachusetts and only insofar as they are incorporated by reference and are not broader in scope than the federal requirements. Note that reserved sections of 310 CMR 40.0000 et seq. are not incorporated by reference:
Subpart A: General Provisions, except 40.0010 through 40.0013, 40.0016 through 40.0021, and 40.0030 through 40.0070; Subpart B: Organization and Responsibilities, except 40.0160 through 40.0171; Subpart C: Notification of Releases and Threats of Release of Oil and Hazardous Material; Identification and Listing of Oil and Hazardous Material; Subpart D: Preliminary Response Actions and Risk Reduction Measures.
(c) Official copies of 310 CMR 80.00, the Massachusetts regulations that are incorporated by reference, are available at: State Bookstore, State House, Room 116, Boston, MA 02133; Phone number: 617-727-2834; Hours: Monday-Friday, 8:45 a.m. to 5:00 p.m.; website: https://www.sec.state.ma.us/divisions/bookstore/agencies/310-environmental-protection.htm.
(a) The statutory provisions include:
(1) Minnesota Statutes, Chapter 13, Government Data Practices
(2) Minnesota Statutes, Chapter 115, Water Pollution Control; Sanitary Districts
(3) Minnesota Statutes, Chapter 115B, Environmental Response and Liability
(4) Minnesota Statutes, Chapter 115C, Petroleum Tank Release Cleanup
(5) Minnesota Statutes, Chapter 115E, Oil and Hazardous Substance Discharge Preparedness
(6) Minnesota Statutes, Chapter 116, Pollution Control Agency
(7) Minnesota Statutes, Chapter 299F, Fire Marshal
(b) The regulatory provisions include:
(1) Minnesota Rules, Chapter 2890, Petroleum Tank Releases
(2) Minnesota Rules, Chapter 7045—Minnesota Pollution Control Agency, Hazardous Waste Division, Hazardous Waste
(3) Minnesota Rules, Chapter 7060-Minnesota Pollution Control Agency, Water Quality Division, Underground Waters
(4) Minnesota Rules, Chapter 7105-Minnesota Pollution Control Agency, Water Quality Division, Underground Storage Tanks: Training
(5) Minnesota Rules, Chapter 7150—Minnesota Pollution Control Agency, Water Quality Division, Underground Storage Tanks Program
(6) Minnesota Rules, Chapter 7510—Department of Public Safety, Fire Marshal Division, Fire Safety
(a) The statutory provisions include:
Miss. Code Ann. section 49-17-413(2) is approved as part of the State UST Program to the extent that Mississippi will not grant a variance that makes its UST Program less stringent than the Federal regulations. In practice, Mississippi does not grant variances for the UST Program. Mississippi has agreed to execute a revised Memorandum of Agreement with EPA stating that Mississippi will limit the scope of its variance authority to only those situations where the Federal regulations allow the implementing agency to approve flexibilities.
(b) The regulatory provisions include:
11 Miss. Admin. Code Pt. 5, Ch. 2, 280.42(b)(5) is approved as part of the UST Program only to the extent that Mississippi will not allow alternate release detection methods for hazardous substance UST systems installed on or after October 13, 2015. Sections 40 CFR 281.33(e) and 280.42(e) of the Federal regulations only allow alternate release detection methods for hazardous substance UST systems installed prior to October 13, 2015. Mississippi's section 280.42(b)(5) does not contain an analogous limitation on the use of alternative release detection methods. In practice, MDEQ does not allow alternative release detection methods for hazardous substance tanks installed after October 1, 2008. In a subsequent rulemaking, MDEQ will revise 11 Miss. Admin. Code Pt. 5, Ch. 2, R. 2.4, section 280.42(b)(5) to clarify this point.
(c) Copies of the Mississippi statutes and regulations that are incorporated by reference are available from the Mississippi Department of Environmental Quality, P.O. Box 2261, Jackson, MS 29335; Phone number: (601) 961-5171; website: https://www.mdeq.ms.gov/water/groundwater-assessment-and-remediation/underground-storage-tanks/.
(a) The statutory provisions include:
None.
(b) The regulatory provisions include:
Rules of Department of Natural Resources, Division 2—Petroleum and Hazardous Substance Storage Tanks, Chapter 2—Underground Storage Tanks—Technical Regulations, except for:
10 CSR 26-2.020, 1, (A) and (B) language that removed some federally allowed exceptions to corrosion protection making them more stringent.
10 CSR 26-2.020 (B) and 10 CSR-2.021, (4) language that makes a number of stipulations requiring corrosion protection for all metal coming in contact with any “electrolyte” making them more stringent.
10 CSR 26-2.020 (A), (A).5, (B), (B).3, (B).5 and (C).1.B,(III).(c) language that stipulates a compliance date for new underground storage tank system performance standards of July 1, 2017 which would be earlier than Federal regulatory requirement making them more stringent.
10 CSR 26-2.022 language that stipulates fewer options than Federal regulations for certification of installation making them more stringent.
10 CSR 26-2.020 (C).B.(II) language that stipulates more restrictive thresholds (volumetric and timing) for overfill devices and alarms than Federal regulations making them more stringent.
10 CSR 26-2.020 (C).B.(III) language that stipulates more prescriptive uses of ball float valves making them more stringent.
10 CSR 26-2.020 (C).B.(IV) language that stipulates more prescriptive regulations regarding compatibility and approval of overfill devices utilized for pressurized delivery systems making them more stringent.
10 CSR 26-2.030 (9) language that stipulates fewer acceptable standards and practices for spill and overfill prevention making them more stringent.
10 CSR 26-2.031 (B), (C) and (D) language that added operation and maintenance of corrosion protection reporting (performance logs, testing reports) and action (what to do if tests fail, cathodic protection found off or not working) criteria that is more specific than Federal regulations making them more stringent.
10 CSR 26-2.034 (1).(B).3 language that stipulates documents demonstrating compatibility of all UST systems, including tanks, piping, release detection equipment and “all other ancillary equipment” with the regulated substance being stored are required. This is more expansive and stringent than Federal regulation.
10 CSR 26-2.033, (2).(A).1 language that stipulates a more restricted list of allowable standards and practices for repairs allowed than Federal regulations making them more stringent.
10 CSR 26-2.033, (2).(C) language that stipulates when repairing cathodically protected metal piping that released a regulated substance, the entire length of electrically continuous pipe must be replaced. This is more expansive and stringent than Federal regulations.
10 CSR 26-2.033, (2).(D) language that stipulates repairs must be done by a person registered with the Missouri Department of Agriculture and who has a financial responsibility mechanism. This is more expansive and stringent than Federal regulations.
10 CSR 26-2.035, (1) and (2) language that stipulates the testing of all containment sumps. This is more expansive and stringent than Federal regulations.
10 CSR 26-2.036, (1), (C), 1 language that requires an immediate walkthrough inspection for new underground storage tank installs and no lessening in frequency of walkthrough inspections if deliveries are received less than every thirty days. This is more stringent than Federal regulations.
10 CSR 26-2.041, (1), (A), 4 and 5 language that does not allow groundwater or vapor monitoring for release detection after July 1, 2020; except where vapor monitoring is accompanied by a tracer chemical. This is more stringent than Federal regulations.
10 CSR 26-2.043, (1), (H). language that stipulates interstitial monitoring can only be performed with a double-walled tank: not with systems with secondary barriers or internal linings. This is more stringent than Federal regulations.
10 CSR 26-2.071, (1) language that stipulates only 24 hours for completion of initial release response action. There is no flexibility on the timing. This is more stringent than Federal regulations.
10 CSR 26-2.072, (2) language that stipulates only 20 days for completion of initial abatement actions. There is no flexibility on the timing. This is more stringent than Federal regulations.
10 CSR 26-2.074, (2) language that stipulates only 45 days for completion of site characterization actions. There is no flexibility on the timing. This is more stringent than Federal regulations.
10 CSR 26-2.012, (1), O, 4 language that does not allow temporary underground storage tank closures with product in the tank. This is more stringent than Federal regulations.
10 CSR 26-2.060, (4) language that requires permanent closure after 5 years of out of service or out of use status. This is more stringent than Federal regulations.
10 CSR 26-2.060, (5), (6) and (7) language that stipulates prescriptive requirements for bringing an out of service or out of use underground storage tank back into service or use. This is more stringent than Federal regulations.
10 CSR 26-2.060, (9) language that stipulates a notification requirement for out of service or out of use underground storage tank status changes. This is more stringent than Federal regulations.
10 CSR 26-2.062 language that stipulates leak detection equipment/methods cannot be used to meet the assessing the site at closure or change in service requirements. A written procedure for sampling and testing must be followed. This is more stringent than Federal regulations.
10 CSR 26-2.012, (1), (C), 7 language that stipulates a “corrosion expert” is limited to those with a National Association of Corrosion Engineers International certification. This is more stringent than Federal regulations.
10 CSR 26-2.012, (1), (R), 5, B language that stipulates a definition of “replaced” as it pertains to piping that includes the language “or single compartment” that addresses specific situations involving compartmentalized underground storage tanks. This is more stringent than Federal regulations.
10 CSR 26-2.012, (1), (S), 3 language that stipulates a definition of “septic tank” that includes the language “and constructed”. This is more stringent than Federal regulations.
Rules of Department of Natural Resources, Division 26—Petroleum and Hazardous Substance Storage Tanks, Chapter 3—Underground Storage Tanks—Financial Responsibility
Rules of Department of Natural Resources, Division 100—Petroleum Storage Tank Insurance Fund Board of Trustees, Chapter 6—UST Operator Training
(a) The statutory provisions include:
(1) Montana Code Annotated (2017), Title 75 Environmental Protection, Chapter 11 Underground Storage Tanks, Part 2 Montana Underground Storage Tank Installer and Inspector Licensing and Permitting Act: Sections 75-11-203(11) “operator” 75-11-203(12) “owner”.
(2) Montana Code Annotated (2017), Title 75 Environmental Protection, Chapter 11 Underground Storage Tanks, Part 5 Montana Underground Storage Tank Act: Sections 75-11-503(4) “person”, (8) “underground storage tank” or “tank”, except as it applies to aboveground storage tanks.
(b) The regulatory provisions include:
(1) Administrative Rules of Montana (October 6, 2018), Title 17 Department of Environmental Quality, Chapter 56 Underground Storage Tanks Petroleum and Chemical Substances:
Subchapter 1 General Provisions:
Sections 17.56.101 Definitions; 17.56.102 Applicability, except 17.56.102(3)(e); 17.56.104 Tank Standards for Excluded UST Systems;
Subchapter 2 UST Systems: Design, Construction, and Installation:
Section 17.56.201 Performance Standards for New Tank Systems; 17.56.202 Upgrading of Existing UST Systems; 17.56.203 Additional Performance Standards for New Underground Piping Connected to Aboveground Tanks or to Underground Tanks with a Capacity of 660 Gallons or Less Used to Store Heating Oil; 17.56.204 Secondary Containment, Under-Dispenser Containment, and Interstitial Monitoring; 17.56.205 Anti-Siphon Requirements;
Subchapter 3 General Operating Requirements:
Sections 17.56.301 Spill and Overfill Control; 17.56.302 Operation and Maintenance of Corrosion Protection; 17.56.303 Compatibility; 17.56.304 Repairs; 17.56.305 Reporting and Recordkeeping; 17.56.306 Periodic Testing of Spill Prevention Equipment and Containment Sumps Used for Interstitial Monitoring of Piping and Periodic Inspection of Overfill Prevention Equipment; 17.56.307 Periodic Operation and Maintenance Walkthrough Inspections;
Subchapter 4 Release Detection:
Sections 17.56.401 General Requirements for all UST Systems; 17.56.402 Requirements for Petroleum UST Systems, except 17.56.402(1)(a)(iii); 17.56.403 Requirements for Hazardous Substance UST Systems; 17.56.407 Methods of Release Detection for Tanks; 17.56.408 Methods of Release Detection for Piping; 17.56.409 Release Detection Recordkeeping;
Subchapter 5 Release Reporting, Investigation, and Confirmation:
Sections 17.56.501 General; 17.56.502 Reporting of Suspected Releases; 17.56.503 Investigation Due to Off-site Impacts; 17.56.504 Release Investigation and Confirmation Steps; 17.56.505 Reporting and Cleanup of Spills and Overfills; 17.56.506 Reporting of Confirmed Releases; 17.56.507 Adoption by Reference;
Subchapter 6 Release Response and Corrective Action for Tanks Containing Petroleum or Hazardous Substances:
Sections 17.56.601 General; 17.56.602 Initial Response and Abatement Measures; 17.56.603 Initial Site History; 17.56.604 Remedial Investigation; 17.56.605 Cleanup Plan; 17.56.608 Adoption by Reference;
Subchapter 7 Out-of-Service UST Systems and Closure:
Sections 17.56.701 Inactive and Out-of-Service UST Systems, except 17.56.701(4); 17.56.702 Permanent Closure and Changes in Service; 17.56.703 Assessing the Site at Closure or Change in Service; 17.56.704 Applicability to Previously Closed UST Systems; 17.56.705 Closure Records;
Subchapter 8 Financial Responsibility:
Sections 17.56.801 Applicability; 17.56.802 Compliance Dates; 17.56.803 Definition of Terms; 17.56.804 Incorporation by Reference; 17.56.805 Amount and Scope of Required Financial Responsibility; 17.56.806 Allowable Mechanisms and Combinations of Mechanisms; 17.56.807 Financial Test of Self-Insurance; 17.56.808 Guarantee; 17.56.809 Insurance and Risk Retention Group Coverage; 17.56.810 Surety Bond; 17.56.811 Letter of Credit; 17.56.815 Montana Petroleum Tank Release Cleanup Fund; 17.56.816 Trust Fund; 17.56.817 Standby Trust Fund; 17.56.820 Substitution of Financial Assurance Mechanisms by Owner or Operator; 17.56.821 Cancellation or Nonrenewal by a Provider of Financial Assurance; 17.56.822 Reporting by Owner or Operator; 17.56.823 Recordkeeping; 17.56.824 Drawing on Financial Assurance Mechanisms; 17.56.825 Release from the Requirements; 17.56.827 Bankruptcy or Other Incapacity of Owner or Operator or Provider of Financial Assurance; 17.56.828 Replenishment of Guarantees, Letters of Credit, or Surety Bonds;
Subchapter 9 Notification:
Sections 17.56.901 Interim Notification Requirements; 17.56.902 Notification Requirements; 17.56.903 Change in Ownership, except 17.56.903(3);
Subchapter 15 Underground Storage Tank Operator Training:
Sections 17.56.1501 Operator Training Definitions; 17.56.1502 Operator Training, except the permit requirement in 17.56.1502(1); 17.56.1503 Operator Training: Authorized Providers; and Required Subjects; 17.56.1504 Operator Training: Recordkeeping; 17.56.1505 Operator Training: Third-Party Training Course Approval; and
Subchapter 16 Underground Storage Tank Systems with Field Constructed Tanks:
Section 17.56.1601 UST Systems with Field Constructed Tanks and Airport Hydrant Fuel Distribution Systems;
(c) Copies of the Montana statutes and regulations that are incorporated by reference are available from the following offices:
Statutes—Montana Legislative Services Division, P.O. Box 201706, Helena, MT 59620-1706; Phone number: 406-444-3064; email: LegPubSales@mt.gov; website: https://leg.mt.gov/statute/.
Regulations—Secretary of State's Administrative Rules Services, P.O. Box 202801, Helena, MT 59620-2801; Phone number: 406-444-9000; email: sosarm@mt.gov; website: http://www.mtrules.org/.
(a) The statutory provisions include:
(1) Nebraska Revised Statutes section 81-503.01(1)(h).
(2) Nebraska Revised Statutes section 81-1502(6)-(7), (10)-(11), (14), (20)-(22), (24)-(27), and (30).
(3) Nebraska Revised Statutes section 81-1504(31)-(32).
(4) Nebraska Revised Statutes section 81-15, 117.
(5) Nebraska Revised Statutes section 81-15, 118.
(6) Nebraska Revised Statutes section 81-15, 119(1)-(10), (10)(c)-(11).
(7) Nebraska Revised Statutes section 81-15, 123(1), (4)(a), (6)-(9), (11), (12) as it refers to training operators.
(8) Nebraska Revised Statutes sections 81-15, 124(1)-(2) and (3) first sentence.
(9) Nebraska Revised Statutes sections 81-15, 124.03.
(b) The regulatory provisions include:
(1) Nebraska Administrative Code Title 159 Chapter 1.
(2) Nebraska Administrative Code Title 159 Chapter 2.
(3) Nebraska Administrative Code, Title 159 Chapter 3 as it references 40 CFR 80.20(e)(2).
(4) Nebraska Administrative Code Title 159 Chapter 4.
(5) Nebraska Administrative Code Title 159 Chapter 5.
(6) Nebraska Administrative Code Title 159 Chapter 6.
(7) Nebraska Administrative Code Title 159 Chapter 7.
(8) Nebraska Administrative Code Title 159 Chapter 8.
(9) Nebraska Administrative Code Title 159 Chapter 9 as it adopts 40 CFR 280.90 through 280.115 by reference and 9.002.
(10) Nebraska Administrative Code Title 159 Chapter 10.
(11) Nebraska Administrative Code Title 159 Chapter 11.001-11.0003.02.
(12) Nebraska Administrative Code Title 159 Chapter 12.
(13) Nebraska Administrative Code Title 159 Chapter 13.001-13.002, 13.004-13.008.
(14) Nebraska Administrative Code Title 159 Chapter 14.
(15) Nebraska Administrative Code Title 115 Chapter 3.001.02, 3.014, 3.016-3.018.
(16) Nebraska Administrative Code Title 118 Chapter 1.
(17) Nebraska Administrative Code Title 118 Chapter 2.
(18) Nebraska Administrative Code Title 118 Chapter 6.002.
(19) Nebraska Administrative Code Title 118 Chapter 7.
(20) Nebraska Administrative Code Title 118 appendix B.
(21) Nebraska Administrative Code Title 126 Chapter 1.001, 1.005, 1.011, 1.013, 1.020-1.022, 1.024, 1.030.01, 1.031, 1.033-1.034, 1.036-1.038, 1.040, 1.045.
(22) Nebraska Administrative Code Title 126 Chapter 18.
(23) Nebraska Administrative Code Title 178 Chapters 12.001, 12-03, 12-06—12-07, 12-09, 12-011.01—12-011.01B1, 12-011.01C—12-012.08B, 12-012.08D—12-012.08F2, 12-012.09—12-14, the tables and figures, and the following definitions found at Title 178, Chapter 12-002 Annular Fill, Annular Space, Aquifer, Aquifer Seal, Primary Aquifer Seal, Surface Seal, Backflow Preventer, Bentonite, Bentonite Seal, Bored or Dug Well, Casing, Cesspool, Clay, Community Water System, Confining Layer, Construction of Water Wells, Contamination, Decommissioned when used in relation to a water well, Department, Dewatering Well, Discharge Pipe, Distribution Piping, Good Cause, Gravel Pack, Ground Water, Grout, Installation of Pumps and Pumping Equipment, Monitoring Well, Non-potable Well, Observation Well, Person, Pitless Unit, Pollution, Potable Well, Primary Aquifer Seal, Public Water System, (Licensed) Pump Installation Contractor, (Licensed) Pump Installation Supervisor, Pumps and Pumping Equipment, Recovery Well, Sanitary Well Seal, Screen Apertures, Screened Vent, Secure Cover or Cap, Seepage Pit, Septic Tank, Soil Absorption System (Septic Lateral Field), Static Water Level, Substantially Equivalent, Subsurface Disposal System, Supervision or its derivatives, Surface Seal, Test Hole, Tremie Pipe, Watertight Casing, Watertight Secure Cover, Water Well, (Licensed) Water Well Contractor, (Licensed) Water Well Drilling Supervisor, Well Development, Well Pit, Well Screen.
(a) The statutory provisions include:
(1) Nevada Revised Statute Chapter 459, Underground Storage Tank Program (1992), Nevada Revised Statute 590, Petroleum Fund (1991).
(2) Nevada Revised Statute Chapter 459, Underground Storage Tank Program (1992):
(3) Nevada Revised Statute 590, Petroleum Fund (1991):
(4) Nevada Civil Procedure, Rule 24 (1971):
(b) The regulatory provisions includes:
(1) Nevada Administrative Code 459, UST Program (1990):
(2) Nevada Administrative Code 590, Petroleum Fund (1991):
(3) Nevada Administrative Code, Reportable Quantities (1989):
(a) The statutory provisions include:
Section O:1. Establishment, General Functions; Section O:8 Division of Waste Management.
Section 91-A:1 Preamble, Section 91-A:1-a Definitions, Section 91-A:4 Minutes and Records Available for Public Inspection.
Section 146-C:1 Definitions; Section 146-C:2 Discharges Prohibited; Section 146-C:3 Registration of Underground Storage Facilities; Section 146-C:4 Underground Storage Facility Permit Required; Section 146-C:6 Transfer of Ownership; Section 146-C:6-a Exemption; Section 146-C:7 New Facilities; Section 146-C:8 Prohibition Against Reusing Tanks; Section 146-C:17 Operator Training Required; Section 146-C:18 Operator Training Program Requirements; Section 146-C:19 Additional Operator Requirements; Section 146-C:20 Revocation of Operator Training Program Approval; Section 146-C:21 Repeating Operator Training.
Section 485-C:1 Statement of Purpose, Section 485-C:2 Definitions, Section 485-C:3 Duties of the Department, Section 485-C:5 Classes of Groundwater, Section 485-C:6 Ambient Groundwater Quality Standards, Section 485-C:6-a Groundwater Management Zones, Section 485-C:6-b Recordation of Groundwater Management Zone Permits, Section 485-C:7 Potential Contamination Sources, Section 485-C:8 Inventory and Management, Section 485-C:9 Procedures for Classification and Reclassification, Section 485-C:10 Degraded Groundwater, Section 485-C:11 Best Management Practices, Section 485-C:12 Prohibited Uses, Section 485-C:13 Groundwater Release Detection Permit, Section 485-C:14 Notice to Municipality, Section 485-C:14-b Notification of Groundwater Contamination Required.
(b) The regulatory provisions include:
Part Env-Or 401 Purpose, Applicability, Federal Regulations; Section 401.01 Purpose; Section 401.02 Applicability; Section 401.03 Exclusions, except 401.03(b); Section 401.04 Date of Incorporated Federal Regulations;
Part Env-Or 402 Definitions;
Part Env-Or 403 Reference Standards; Section 403.01 Availability and Applicability of Reference Standards; Section 403.02 American Petroleum Institute, Section 403.03 ASME International, Section 403.04 Fiberglass Tank and Pipe Institute, Section 403.05 NACE International, Section 403.06 National Fire Protection Association, Section 403.07 Petroleum Equipment Institute.
Part Env-Or 404 Registration; Permit to Operate; Required Notifications and Records; Financial Responsibility; Section 404.01 Registration; Section 404.02 Change from Use Not Previously Covered to Covered Use; Section 404.03 Change in Product; Section 404.04 Additional Information Required for Registration; Section 404.05 Signature Required, except 404.05(b)(3); Section 404.06 Permit to Operate Required; Section 404.07 Obtaining a Permit to Operate; Section 404.08 Display, Applicability, and Validity of Permit to Operate; Section 404.09 Records to be Maintained; Section 404.10 Transfer of Facility Ownership; Section 404.12 Financial Responsibility, except 404.12(d)(4) and (m); Section 404.13 Owner Liability.
Part Env-Or 405 Equipment Standards; Section 405.01 Tank Standards for UST Systems; Section 405.02 Piping Standards for UST Systems; Section 405.03 Secondary Containment for Tanks; Section 405.04 Secondary Containment and Sumps for Piping Systems; Section 405.05 Spill Containment, except 405.05(f) and (g);, and 405.12(a); Section 405.06 Overfill Protection; Section 405.07 Dispensing Areas, except for 405.07(a-c), (g), and (h); Section 405.08 Leak Monitoring Systems for Tanks; Section 405.09 Leak Monitoring Systems for Piping Systems; Section 405.10 Cathodic Protection Systems; Section 405.11 Changes to Cathodic Protection Systems.
Part Env-Or 406 Operation, Maintenance, and Testing; Section 406.01 On-Going Maintenance Required; Section 406.02 Operation and Maintenance of Leak Monitoring Systems; Section 406.03 Delivery or Transfer of Regulated Substances; Section 406.04 Unusual Operating Conditions; Section 406.05 Requirements for Tightness Testers and Test Methods; Section 406.06 Leak Rate Detection Criteria; Section 406.07 Requirements for Test Reports; Section 406.08 Test Failures; Section 406.09 Automatic Line Leak Detector Testing; Section 406.10 Cathodic Protection System Testing; Section 406.11 Overfill Prevention Device Testing; Section 406.12 Spill Containment Integrity Testing, except 406.12(c); Section 406.13 Leak Monitoring Equipment Testing; Section 406.14 Containment Sump Integrity Testing; Section 406.15 Hydrostatic Testing Test for Sumps and Spill Containment; Section 406.16 Pneumatic Tightness Test for Piping; Section 406.17 Primary Containment System Testing; Section 406.18 Monthly, Bi-Monthly, and Annual Visual Inspections; Section 406.19 Reports of Visual Inspections.
Part Env-Or 407 Installation Requirements, Section 407.06(a) UST System Design Requirements.
Part Env-Or 408 Repair, Closure, Removal; Section 408.01 Repair of Tanks: Pre-Repair Considerations and Requirements; Section 408.02 Repair of Tanks: Post-Repair Requirements; Section 408.03 Repair and Replacement of Underground Piping, Containment Sumps, and Spill Containment; Section 408.04 Temporary Closure; Section 408.05 Permanent Closure Required, except 408.05(f); Section 408.06 Permanent Closure: Notification and Supervision Required; Section 408.07 Procedures for Permanent Closure; Section 408.08 Permanent Closure: Site Assessment; Section 408.09 Permanent Closure: Inspection Required; Section 408.10 Permanent
Closure: Closure Report, Recordkeeping; Section 408.11 Limitations on Re-Use of Tanks. APPENDIX A: State Statutes and Federal Statutes/Regulation Implemented, APPENDIX B: Incorporation by Reference Information, APPENDIX C: Statutory Definitions, APPENDIX D: Excerpts from RSA 146-C, APPENDIX E: 40 CFR Provisions Referenced.
Part Env-Or 601 Purpose and Applicability, Section 601.01 Purpose, Section 601.02 Applicability.
Part Env-Or 602 Definitions.
Part-Env-Or 603 Groundwater Quality Criteria, Section 603.01 Groundwater Quality Criteria, Section 603.02 Exemptions to Groundwater Quality Criteria, Section 603.03 Ambient Groundwater Quality Standards (AGQS).
Part Env-Or 604 Notification, Section 604.01 Purpose, Section 604.02 Notification of Groundwater Quality Violation, Section 604.03 Exemptions to Notification of Groundwater Quality Violation, Section 604.05 NAPL Notification, Section 604.06 Discharges of Oil Requiring Immediate Notification, Section 604.07 Potential Discharges of Oil Requiring Notification Within 60 Days, Section 604.08 Oil Notification Requirements.
Part Env-Or 605 Preliminary Response Actions, Section 606.01 Purpose, Section 605.03 Emergency Response Actions for Oil Discharges, Section 605.04 Initial Response Actions, Section 605.05 Emergency and Initial Response Action Approval, Section 605.06 Emergency and Initial Response Action Reporting Requirements, Section 605.07 Initial Site Characterization Required, Section 605.08 Initial Site Characterization, Section 605.09 Initial Site Characterization Report, Section 605.10 Investigation Due to Discovery of Discharges from Unknown Sources.
Part Env-Or 606 Comprehensive Response Actions, Section 606.01 Site Investigation Required; Section 606.02 Site Investigation Request, Exemptions; Section 606.03 Site Investigation Report ; Section 606.04 Site Background Information; Section 606.05 Summary of Subsurface Explorations and Sampling; Section 606.06 Site Geology and Hydrology; Section 606.07 Conceptual Model; Section 606.08 Remedial Alternatives, Summary, and Recommendations; Section 606.09 Appendices; Section 606.10 Remedial Action Plan; Section 606.11 Remedial Action Plan Exemptions; Section 606.12 Remedial Action Plan Report; Section 606.13 Remedial Action Plan Approval; Section 606.14 Corrective Action Prior to Remedial Action Plan Approval; Section 606.15 Remedial Action Implementation; Section 606.16 Design Plans and Construction Specifications; Section 606.17 Remedial Action Implementation Report; Section 606.18 Periodic Status Report; Section 606.19 Soil Remediation Criteria; Section 606.20 Financial Assurance; Section 606.21 Financial Assurance Mechanisms.
Part Env-Or 609 Certificates of Completion or No Further Action, Section 609.01 Certificate of Completion, Section 609.02 Certificate of No Further Action.
Part Env-Or 610 Monitoring and Reporting, Section 610.01 Applicability, Section 610.02 Sampling and Analysis, Section 610.03 Reporting, Section 610.04 Groundwater Monitoring Wells.
Part Env-Or 611 Contaminated Soil, Section 611.01 Requirements for Managing Contaminated Soil, Section 611.02 Definitions, Section 611.03 Non-hazardous Oil-Contaminated Soil (NOCS) Certification, Section 611.04 Contaminated Soil Sampling, Section 611.05 Contaminated Soil Storage, Section 611.06 Contaminated Soil Disposal and Reuse.
Appendix A: State States and Federal Statutes/Regulations Implemented; Appendix B: Incorporation by Reference Information; Appendix C: Statutory Definitions.
(a) The statutory provisions include: New Mexico Statutes Annotated (NMSA) 1978, as amended through May 16, 2018 (2018 Cumulative Supplement): Chapter 74, Environmental Improvement, Article 4 Hazardous Waste, sections 74-4-3(J), (R), and (S).
(b) The regulatory provisions include: New Mexico Administrative Code (NMAC), as amended effective July 24, 2018: Title 20 Environmental Protection, Chapter 5 Petroleum Storage Tanks:
Part 101: General Provisions—Sections 20.5.101.2 “Scope”; 20.5.101.7 “Definitions” (except “above ground storage tank” and “AST system”);
Part 102: Registration of Tanks—Sections 20.5.102.200 “Existing Tanks”, 20.5.102.201 “Transfer of Ownership”, and, 20.5.102.203 “Substantially Modified Storage Tank Systems” through 20.5.102.207 “Registration Certificate”;
Part 104: Operator Training—Sections 20.5.104.400 “Classes of Operators” through 20.5.104.412 “Documentation and Recordkeeping”;
Part 105: Certification of Tank Installers and Junior Installers; Requirements for Testers—Sections 20.5.105.500 “General Requirements for Installer of UST Systems” through 20.5.105.508 “Individual Certification for Junior Installer of UST Systems”, and 205.105.510 “On-Site Examination for Installer” through 20.5.105.520 “Airport Hydrant Fuel Distribution Systems, UST Systems with Field-Constructed Tanks and Hybrid Storage Tank Systems”;
Part 106: New and Upgraded Underground Storage Tank Systems: Design, Construction, and Installation—Sections 20.5.106.600 “General Performance Standards for UST Systems” through 20.5.106.613 “Spill and Overfill Protection”, and 20.5.106.615 “Required Notification Prior to Installation” through 20.5.106.617 “Alternate Methods”;
Part 107: General Operating Requirements for Underground Storage Tank Systems—Sections 20.5.107.700 “Operation and Maintenance of Underground Storage Tank Systems” through 20.5.107.711 “Required Notification Prior to Replacement, Repair and Modification”; 20.5.107.713 “Alternate Methods” through 20.5.107.715 “Reporting”;
Part 108: Release Detection For Underground Storage Tank Systems—Sections 20.5.108.800 “General Release Detection Requirements for UST Systems” through 20.5.105.816 “Reporting”;
Part 113 Underground Storage Tank Emergency Generator Systems—Sections 20.5.113.1300 “General Requirements” through 20.5.113.1308 “Reporting”;
Part 114: Airport Hydrant Fuel Distribution Systems, UST Systems with Field-Constructed Tanks, and Hybrid Storage Tank Systems—Sections 20.5.114.1400 “General Requirements for Airport Hydrant Fuel Distribution Systems, UST Systems with Field-Constructed Tanks, and Hybrid Storage Tank Systems” through 20.5.114.1414 “Reporting”;
Part 115: Out-of-Service Storage Tank Systems and Closure—Sections 20.5.115.1500 “Required Notification Prior to Temporary or Permanent Closure, Return to Service, Removal, or Change in Service”; 20.5.115.1501 “Out-of-Service Storage Tank Systems and Closure” (except 20.5.115.1501.C(3), 1501.E, 1501.F(3), and 1501.G [for field-erected AST systems only]); and 20.5.115.1502 “Permanent Closure” through 20.5.115.1506 “Closure Records”;
Part 117: Financial Responsibility—Sections 20.5.117.1700 “Applicability”; 20.53.117.1703 “Amount and Scope of Required Financial Responsibility” through 20.5.117.1772 “Form Document for Drawing on Financial Assurance Mechanisms”;
Part 118: Reporting and Investigation of Suspected and Confirmed Releases—Sections 20.5.118.1800 “Reporting of Spill or Release” through 20.5.118.1803 “Spills and Overfills”;
Part 119: Corrective Action for Storage Tank Systems Containing Petroleum Products—Sections 20.5.119.1900 “General” (except 20.5.119.1900.G and 205.119.1900.H) through 20.5.119.1933 “Reporting”;
Part 120: Corrective Action for UST Systems Containing Other Regulated Substances—Sections 20.5.120.2000 “General” (except 20.5.120.2000.G and 205.120.2000.H) through 20.5.120.2030 “Reporting”;
Part 121: Corrective Action Fund Use and Expenditures—Sections 20.5.121.2100 “Permissible Fund Expenditures” through 20.5.121.2106 “Reserved Money”; and
Part 124: Lender Liability—Sections 20.5.124.7 “Definitions” through 20.5.124.2405 “Operating a Storage Tank or Storage Tank System After Foreclosure”.
(c) Copies of the New Mexico regulations that are incorporated by reference are available from the New Mexico State Records Center and Archives, 1205 Camino Carlos Rey, Santa Fe, NM 87507; Phone number: (505) 476-7941; website http://164.64.110.134/nmac/.
(a) The statutory provisions include: General Statutes of North Carolina, Chapter 143; Article 21A, Part 2A. Leaking Petroleum UST Tank Cleanup (2018):
143-215.94A Definitions, except “by four or fewer households” in (2)(c).
143-215.94E Rights and obligations of the owner or operator, except (b) through (k).
143-215.94H Financial responsibility.
143-215.94I Insurance pools authorized; requirements.
General Statutes of North Carolina, Chapter 143; Article 21A, Part 2D. Training of UST Operators (2018):
143-215.94NN Applicability.
143-215.94OO Definitions, except “dispenser” in (4).
143-215.94PP Designation of operators to be trained.
143-215.94QQ Training requirements for primary operators.
143-215.94RR Training requirements for emergency response operators.
143-215.94SS Tank systems for emergency power generators.
143-215.94UU Effect on other laws.
General Statutes of North Carolina, Chapter 143B; Article 7, Part 1. General Provisions (2018):
143B-279.9 Land-use restrictions may be imposed to reduce danger to public health at contaminated sites, except for “Except with respect to land contaminated from a discharge or release of petroleum from an underground storage tank, the imposition of restrictions on the current or future use of real property on sites contaminated by the discharge or release of petroleum from an aboveground storage tank, or another petroleum source, from which contamination has migrated to off-site properties, as that term is defined under G.S. 130A-310.65(3a), shall only be allowed as provided in G.S. 143-215.104AA or G.S. 130A-310.73A, as applicable” in (b).
143B-279.11 Recordation of residual petroleum from underground or above ground storage tanks or other sources, except “or from an aboveground storage tank or other petroleum source pursuant to Part 7 of Article 21A of Chapter 143 of the General Statutes” in (a); “aboveground storage tank, or other petroleum source” in (b) and (d); (e); and (h).
(b) The regulatory provisions include:
North Carolina Administrative Code, Title 15A-Environmental Quality; Chapter 2, Environmental Management; Subchapter 2L, Groundwater Classification and Standards (2023):
15A N.C.A.C. 02L .0401 Purpose.
15A N.C.A.C. 02L .0402 Definitions.
15A N.C.A.C. 02L .0403 Rule Application, except “a landowner seeking reimbursement from the Commercial Leaking Underground Storage Tank Fund or the Noncommercial Leaking Underground Storage Tank Fund under G.S. 143-215.94E, and any other person responsible for the assessment or cleanup of a discharge or release from an underground storage tank, including any person who has conducted or controlled an activity that results in the discharge or release of petroleum or petroleum products as defined in G.S. 143-215.94A(10) to the groundwaters of the State or in proximity thereto.”
15A N.C.A.C. 02L .0404 Required initial abatement actions by responsible party.
15A N.C.A.C. 02L .0405 Requirements for limited site assessment.
15A N.C.A.C. 02L .0406 Discharge or release classifications.
15A N.C.A.C. 02L .0407 Reclassification of risk levels.
15A N.C.A.C. 02L .0408 Assessment and remediation procedures.
15A N.C.A.C. 02L .0409 Notification requirements.
15A N.C.A.C. 02L .0411 Establishing maximum soil contamination concentrations.
15A N.C.A.C. 02L .0412 Analytical procedures for soil samples.
15A N.C.A.C. 02L .0413 Analytical procedures for groundwater samples.
North Carolina Administrative Code, Title 15A-Environmental Quality; Chapter 2, Environmental Management; Subchapter 2N, Underground Storage Tanks (2023):
15A N.C.A.C. 02N .0101 General, except for (b).
15A N.C.A.C. 02N .0102 Copies of referenced federal regulations.
15A N.C.A.C. 02N .0104 Identification of tanks.
15A N.C.A.C. 02N .0201 Applicability, except (1).
15A N.C.A.C. 02N .0202 Installation requirements for partially excluded UST systems.
15A N.C.A.C. 02N .0203 Definitions, except “dispenser” in (a)(1).
15A N.C.A.C. 02N .0301 Performance standards for UST system installations or replacements completed after December 22, 1988 and before November 1, 2007.
15A N.C.A.C. 02N .0302 Upgrading of existing UST systems after December 22, 1998 and before November 1, 2007.
15A N.C.A.C. 02N .0303 Notification requirements.
15A N.C.A.C. 02N .0304 Implementation schedule for performance standards for new UST systems and upgrading requirements for existing UST systems located in areas defined in Rule .0301(D).
15A N.C.A.C. 02N .0401 Spill and overfill control.
15A N.C.A.C. 02N .0402 Operation and maintenance of corrosion protection.
15A N.C.A.C. 02N .0403 Compatibility.
15A N.C.A.C. 02N .0404 Repairs allowed.
15A N.C.A.C. 02N .0405 Reporting and recordkeeping.
15A N.C.A.C. 02N .0406 Periodic testing of spill prevention equipment and containment sumps used for interstitial monitoring of piping and periodic inspection of overfill prevention equipment.
15A N.C.A.C. 02N .0407 Periodic operation and maintenance walkthrough inspections.
15A N.C.A.C. 02N .0501 General Requirements for all UST systems.
15A N.C.A.C. 02N .0502 Requirements for petroleum UST systems.
15A N.C.A.C. 02N .0503 Requirements for hazardous substance UST systems.
15A N.C.A.C. 02N .0504 Methods of release detection for tanks, except (c).
15A N.C.A.C. 02N .0505 Methods of release detection for piping.
15A N.C.A.C. 02N .0506 Release detection recordkeeping.
15A N.C.A.C. 02N .0601 Reporting of suspected releases.
15A N.C.A.C. 02N .0602 Investigation due to off-site impacts.
15A N.C.A.C. 02N .0603 Release investigation and confirmation steps.
15A N.C.A.C. 02N .0604 Reporting and cleanup of spills and overfills.
15A N.C.A.C. 02N .0701 General.
15A N.C.A.C. 02N .0702 Initial response.
15A N.C.A.C. 02N .0703 Initial abatement measures and site check.
15A N.C.A.C. 02N .0704 Initial site characterization.
15A N.C.A.C. 02N .0705 Free product removal.
15A N.C.A.C. 02N .0706 Investigations for soil and groundwater cleanup.
15A N.C.A.C. 02N .0707 Corrective action plan.
15A N.C.A.C. 02N .0708 Public participation.
15A N.C.A.C. 02N .0801 Temporary closure.
15A N.C.A.C. 02N .0802 Permanent closure and change-in-service, except for “except that an UST system containing de minimis concentrations of a regulated substance shall meet the closure requirements of this Rule within 12 months of January 1, 1991.”
15A N.C.A.C. 02N .0803 Assessing the site at closure or change-in-service.
15A N.C.A.C. 02N .0804 Applicability to previously closed UST Systems.
15A N.C.A.C. 02N .0805 Closure records.
15A N.C.A.C. 02N .0901 General requirements, except “dispensers” in (d); and Note to Paragraph (e).
15A N.C.A.C. 02N .0902 Notification.
15A N.C.A.C. 02N .0903 Tanks.
15A N.C.A.C. 02N .0904 Piping.
15A N.C.A.C. 02N .0905 Containment sumps.
15A N.C.A.C. 02N .0906 Spill buckets.
15A N.C.A.C. 02N .0907 National codes of practice and industry standards.
15A N.C.A.C. 02N .1001 Definitions.
15A N.C.A.C. 02N .1002 General requirements.
15A N.C.A.C. 02N .1003 Additions, exceptions, and alternatives for UST systems with field-constructed tanks and airport hydrant systems.
North Carolina Administrative Code, Title 15A-Environmental Quality; Chapter 2, Environmental Management; Subchapter 2O, Financial Responsibility Requirements for Owners and Operators of Underground Storage Tanks (2023):
15A N.C.A.C. 02O .0101 General.
15A N.C.A.C. 02O .0102 Financial responsibility.
15A N.C.A.C. 02O .0203 Definitions.
15A N.C.A.C. 02O .0204 Amount and scope of required financial responsibility.
15A N.C.A.C. 02O .0302 Self insurance.
15A N.C.A.C. 02O .0304 Insurance and risk retention group coverage.
15A N.C.A.C. 02O .0308 Insurance pools.
15A N.C.A.C. 02O .0402 Record keeping.
15A N.C.A.C. 02O .0503 Incapacity of owner or operator or provider of assurance.
15A N.C.A.C. 02O .0504 Replenishment.
North Carolina Administrative Code, Title 15A-Environmental Quality; Chapter 2, Environmental Management; Subchapter 2P, Leaking Petroleum Underground Storage Tank Cleanup Funds (2023):
15A N.C.A.C. 02P .0302 Notification.
(c) Copies of the North Carolina statutes and regulations that are incorporated by reference are available from the North Carolina Department of Environmental Quality, 217 West Jones Street, Raleigh, North Carolina, 27603 (physical address); 1646 Mail Service Center, Raleigh, North Carolina 27699-1646 (mailing address); Phone number: (919) 707-8200; website: https://www.deq.nc.gov/about/divisions/waste-management/underground-storage-tanks-section/underground-storage-tanks-rules.
(a) The regulatory provisions include: North Dakota Administrative Code (NDAC), Chapter 33.1-24-08, Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks, as amended effective January 1, 2019:
(b) Copies of the North Dakota regulations that are incorporated by reference are available from North Dakota Legislative Council, Second Floor, State Capitol, 600 E Boulevard Avenue, Bismarck, North Dakota 58504; phone, 701-328-2916; website, https://www.legis.nd.gov/agency-rules/north-dakota-administrative-code.
(a) The regulatory provisions include:
Oklahoma Administrative Code, Title 165, effective August 25, 2016:
1, Chapter 25 “Underground Storage Tanks”.
Subchapter 1, General Provisions: Part 1, “Purpose”, Section 165:25-1-1; Part 3, “Definitions”, Section 165:25-1-11; Part 5, “Scope of Rules”, Sections 165:25-1-21, 165:25-1-23.1, and 165:25-1-24; Part 9, “Notification and Reporting Requirements”, Sections 165:25-1-41, 165:25-1-42, 165:25-1-48, 165:25-1-51; Part 11, “Recordkeeping”, 165:25-1-53 through 165:25-1-58, and 165:25-1-60; Part 19, “Operator Training”, Sections 165:25-1-120, 165:25-1-122 and 165:25-1-124.
Subchapter 2, “General Requirements for Underground Storage Tank Systems”, Part 1, “Codes and Standards”, Sections 165:25-2-1, 165:25-2-2 and 165:25-2-4, Part 3, “Design and Installation”, Sections 165:25-2-31 through 165:25-2-33, 165:25-2-35 through 165:25-2-41, Part 5, “Protection Against Corrosion”, Sections 165:25-2-51, 165:25-2-52, 165:25-2-53 and 165:25-2-53.1, Part 6, “Piping”, Sections 165:25-2-55.1 and 165:25-2-55.2, Part 7, “Dispensers”, Sections 165:25-2-71, 165:25-2-72, 165:25-2-73, 165:25-2-75 and 165:25-2-76; Part 9, “Electrical”, Section 165:25-2-91; Part 11, ” Repairs to Underground Storage Tank Systems”, Section 165:25-2-111; Part 13 “Removal and Closure of Underground Storage Tank Systems”, Sections 165:25-2-131, and 165:25-2-133 through 165:25-2-138.
Subchapter 3, “Release Prevention and Detection Requirements”: Part 1, Release Prohibition Requirements”, Section 165:25-3-1; Part 2, “Release Detection Requirements and Methods”, Sections 165:25-3-6.20 through 165:25-3-6.29; Part 3, “Release Investigation Requirements”, Sections 165:25-3-7.1 and 165:25-3-8; Part 15, “Corrective Action Requirements”, Section 165:25-3-70.
Subchapter 5, “Upgrades”, Sections 165:25-5-1 through 165:25-5-4.
Subchapter 6, “Special Requirements for Underground Storage Tank Systems Utilized by Airports Open to the Public”, Part 1, “General Application and Compliance Provisions”, Section 165:25-6-1; Part 3, “Codes and Standards”, Section 165:25-6-7; Part 5, “Dispense Requirements”, Sections 165:25-6-13, 165:25-6-14, 165:25-6-15 and 165:25-6-17; Part 7, “Tank Filling Procedures”, Section 165:25-6-21; Part 9, “Dispensing Procedures”, Sections 165:25-6-27 and 165:25-6-28; Part 11, “Miscellaneous Safety Requirements”, Sections 165:25-6-34 and 165:25-6-35.
Subchapter 8, “Special Requirements for Underground Storage Tanks Utilized by Marinas”: Part 1, “General Application and Compliance Provisions”, Sections 165:25-8-1 and 165:25-8-2; Part 3, “Over-water Piping Requirements”, Sections 165:25-8-3 and 165:25-8-4; Part 5, “Dispenser Requirements”, Sections 165:25-8-14 through 165:25-8-17; Part 9, “Dispensing Procedures”, Section 165:25-8-29; Part 11, “Miscellaneous Safety Requirements, Sections 165:25-8-35 and 165:25-8-36.
Subchapter 14, “Special Requirements for Underground Storage Tank Systems Utilized by Bulk Plant Facilities”: Part 1, “General Application and Compliance Provisions”, Section 165:25-14-1; Part 3, “Dispenser Requirements”, Section 165:25-14-7; Part 5, “Loading Facilities”, Sections 165:25-14-13 and 165:25-14-14; Part 7, “Tank Filling Procedures”, Section 165:25-14-20; Part 9, “Dispensing Procedures”, Sections 165:25-14-26 and 165:25-14-27.
2. Chapter 27 “Indemnity Fund. Subchapter 1, “General Provisions”, Section 165:27-1-2; Subchapter 5, “Qualifications for Reimbursement”, Section 165:27-5-2; Subchapter 7, “Reimbursement”, Sections 165:27-7-2 and 165:27-7-6.
3. Chapter 29 “Corrective Action of Petroleum Storage Tank Releases”:
Subchapter 1, “General Provisions”: Part 1, “Purpose and Statutory Authority”, Sections 165:29-1-1 and 165:29-1-2; Part 3, “Definitions”, Section 165:29-1-11; Part 5, “Scope of Rules”, Section 165:29-1-21; Part 7, “National Industry Codes”, Sections 165:29-1-31 and 165:29-1-32;.
Subchapter 3, “Release Prevention, Detection and Correction”: Part 1, “Release Prohibition, Reporting and Investigation”, Sections 165:29-3-1, 165:29-3-2 and 165:29-3-3; Part 3, “Removal and Closure of Petroleum Storage Tank Systems”, Section 165:29-3-65; Part 5, “Corrective Action Requirements”, Sections 165:29-3-71 through 165:29-3-76, Sections 165:29-3-78, 165:29-3-79, 165:29-3-80, 165:29-3-82 and 165:29-3-83.
(b) Copies of the Oklahoma regulations that are incorporated by reference are available from the State's Office of Administrative Rules, Secretary of State, P.O. Box 53390, Oklahoma City, OK 73152-3390; Phone number: 405-521-4911; website: https://www.sos.ok.gov/oar/Default.aspx.
(a) The statutory provisions include:
(1) Chapter 465, Hazardous Waste and Hazardous Materials I (Removal or Remedial Action Sections 465.200 through 465.425):
(2) Chapter 466, Hazardous Waste and Hazardous Materials II (Oil Storage Tanks):
(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.
(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.
(3) Oregon Administrative Rules, Chapter 340, Division 150.
(4) Oregon Administrative Rules, Chapter 340, Division 151
(a) The statutory provisions include:
(1) Pennsylvania Storage Tank and Spill Prevention Act of 1989, Public Law 169, No. 32.
35 P.S. Section 6021.101. Short title.
35 P.S. Section 6021.102. Legislative Findings.
35 P.S. Section 6021.103. Definitions, except “Aboveground storage tank,” “Certified inspector,” paragraphs (1) and (2) of “Owner,” paragraph (3) of “Regulated substance,” “Small aboveground storage tank,” “Spill prevention and response plan,” “Stationary tank,” paragraph (13) of “Underground storage tank,” and “Monitoring system,” “Storage tank,” and “Storage tank facility” insofar as each definition includes aboveground storage tanks.
35 P.S. Section 6021.109. Construction.
35 P.S. Section 6021.501. Underground storage tank requirements, except subparagraphs (a)(1), (a)(8), (a)(12), (a)(15), (c)(1), (c)(3), subparagraph (c)(2) as to activities other than installation.
35 P.S. Section 6021.502. Interim requirements and discontinued use, except paragraph (a).
35 P.S. Section 6021.503. Registration, except paragraph (a) as to fees and insofar as excludes tanks not excluded by the Federal program, paragraph (c).
35 P.S. Section 6021.701. Financial Responsibility, except paragraph (a) insofar as includes aboveground storage tanks.
35 P.S. Section 6021.2102. Saved from Repeal, except insofar as includes aboveground storage tanks.
35 P.S. Section 6021.2103. Severability.
35 P.S. Section 6021.2104. Repeals.
35 P.S. Section 6021.2105. Effective date.
(b) The regulatory provisions include:
Pennsylvania Code, Chapter 245, Administration of the Storage Tank and Spill Prevention Programs
Section 245.1. Definitions, except “Aboveground field constructed metallic tank,” “Aboveground manufactured metallic storage tank,” “Aboveground nonmetallic storage tank,” “Aboveground storage tank,” “Aboveground storage tank system,” “Certification categories,” “Certified company,” “Certified inspector,” “Certified installer” insofar as encompasses activities other than installation, “Environmental audit,” “In-service inspection,” “Out-of-service inspection,” subparagraphs (i) and (ii) of “Owner,” “Large aboveground storage tank,” “Large aboveground storage tank facility,” “Nontank handling project activities,” “Pressure vessel,” “Process vessel,” subparagraph (iii) of “Regulated substance,” “Responsible party” insofar as includes persons who are not owners or operators of underground storage tanks, “Small aboveground storage tank,” “Spill prevention response plan,” “Stationary tank,” subparagraph (xvii) of “Underground storage tank,” “Underground vault,” and subparagraph (ii) of “Change-in-service,” “Consumptive use,” “Emergency containment,” “Monitoring system,” “Storage tank,” “Storage tank facility,” and “Storage tank system” insofar as each definition includes aboveground storage tanks.
Section 245.2. General.
Section 245.21. Tank handling and inspection activities, except paragraph (a) as to aboveground storage tanks, paragraphs (b)-(c), paragraph (d) as to permits.
Section 245.31. Underground storage tank tightness testing requirements, except paragraphs (a) and (f) insofar as each requires tests or evaluations be performed by a Department-certified individual, paragraph (e).
Section 245.41. Tank Registration requirements, except paragraphs (a) and (e) as to fees, paragraph (b) as to aboveground storage tanks and insofar as excludes tanks not excluded by the Federal program, paragraphs (c)(7) and (d).
Section 245.301. Purpose.
Section 245.302. Scope.
Section 245.304. Investigation and reporting of suspected releases.
Section 245.305. Reporting releases, except paragraph (g).
Section 245.306. Interim remedial actions, except paragraphs (b)(3) and (d).
Section 245.307. Affected or diminished water supplies.
Section 245.308. Onsite storage of contaminated soil.
Section 245.309. Site characterization.
Section 245.310. Site characterization report.
Section 245.311. Remedial action plan.
Section 245.312. Remedial action.
Section 245.313. Remedial action completion report.
Section 245.314. Professional seals.
Section 245.401. Purpose.
Section 245.402. Scope.
Section 245.403. Applicability.
Section 245.404. Variances.
Section 245.405. Codes and Standards.
Section 245.411. Inspection frequency, except paragraph (a) as to certified inspector.
Section 245.421. Performance standards for underground storage tank systems.
Section 245.422. Upgrading of existing underground storage tank systems, except subparagraph (b)(1)(ii) as to certified tank liner.
Section 245.424. Standards for new field constructed tank systems, except paragraph (2).
Section 245.425. Reuse of removed tanks, except paragraph (5).
Section 245.431. Spill and overfill control.
Section 245.432. Operation and maintenance including corrosion protection.
Section 245.433. Compatibility.
Section 245.434. Repairs allowed, except paragraph (1).
Section 245.435. Reporting and recordkeeping.
Section 245.436. Operator training, except paragraph (c)(5).
Section 245.437. Periodic testing.
Section 245.438. Periodic operation and maintenance walkthrough inspections.
Section 245.441. General requirements for underground storage tank systems, except subparagraphs (a)(3)(i) and (ii).
Section 245.442. Periodic monitoring requirements for petroleum underground storage tank systems.
Section 245.443. Requirements for hazardous substance underground storage tank systems.
Section 245.444. Methods of release detection for tanks.
Section 245.445. Methods of release detection for piping.
Section 245.446. Release detection recordkeeping.
Section 245.451. Temporary removal from service (out-of-service).
Section 245.452. Permanent closure and changes-in-service.
Section 245.453. Assessing the site at closure or change-in-service.
Section 245.454. Applicability to previously closed underground storage tank systems.
Section 245.455. Closure records.
Section 245.701. Purpose.
Section 245.702. Scope.
Section 245.703. Owner or operator financial responsibility.
Section 245.704. General requirements.
Section 245.705. Owner and operator liability.
Section 245.706. Underground storage tanks not covered by USTIF.
Section 245.707. Coverage amounts for financial responsibility.
Section 245.708. Failure to maintain financial responsibility.
(a) The statutory provisions include:
1. Public Policy Environmental Act of 1970, Act Number 9, June 18, 1970, as amended, 12 Laws of Puerto Rico Annotated (L.P.R.A.) § 1121 et seq.
(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) The statutory provisions include:
1. Rhode Island General Laws, Title 42: State Affairs and Government; Chapter 42-17.1, Department of Environmental Management; Section 42-17.1-2, Powers and Duties.
(31) standards for the quality of air, and water, and the location, design, construction, and operation of all underground storage facilities used for storing petroleum products or hazardous materials.
2. Rhode Island General Laws, Title 46: Waters and Navigation; Chapter 46-12. Water Pollution; Section 46-12-3, Powers and Duties of the Director.
(4) accepting and administering loans and grants.
(21) standards for location, design, construction, maintenance, and operation of underground storage facilities used for storing petroleum products or hazardous materials to prevent, abate, and remedy the discharge of petroleum products and hazardous materials into the waters of the state.
(22) promulgate regulations for monitoring wells.
(b) The regulatory provisions include:
1. Rhode Island Rules and Regulations for Underground Storage Facilities Used for Regulated Substances and Hazardous Materials, 250-RICR-140-25-1, (effective November 20, 2018)
Section 1.1 Purpose.
Section 1.2. Authority.
Section 1.3 Incorporated Materials.
Section 1.4 Applicability, except (E) and (G).
Section 1.5 Definitions.
Section 1.6 Administrative Findings.
Section 1.7 Facility Registration.
Section 1.8 Financial Responsibility, except (D).
Section 1.10 Minimum UST Operation and Maintenance Requirements, except (C), (D), and (F)(4) and (T).
Section 1.11 New and Replacement UST System Requirements, except (B)(1-3) and (5), (C)(1), (J)(1), and (L)(2).
Section 1.12 Facility Modifications or Repairs, except (A).
Section 1.13 Maintaining Records.
Section 1.14 Leak and Spill Response.
Section 1.15 Closure, except (D)(5).
Section 1.16 Approval of Tank and/or Line Tightness Tests, Leak Detection Methods and Licensing Requirements, except (B), (D), (E), (F), (G) and (H).
Section 1.17 Signatories to Registration and Closure Applications.
Section 1.18 Transfer of Certificates of Registration and Closure.
(A) The statutory provisions include:
State Underground Petroleum Environmental Response Bank Act (SUPERB) of 1988, S.C. Code Ann. sections 44-2-10 to 44-2-150 (2010):
44-2-10 Short Title.
44-2-20 Definitions.
44-2-70 Financial responsibility of underground storage tank owners and operators; except the first sentence of (B).
44-2-80 Release of regulated substance; containment, removal, and abatement.
(B) The regulatory provisions include:
South Carolina Underground Storage Tank Control Regulations, R.61-92 (2017):
280.10 Applicability, except (d).
280.11 Installation requirements for partially excluded UST systems.
280.12 Definitions.
280.20 Performance standards for new UST systems, except for the text “obtain permits in accordance with section 280.23 and” in the introductory paragraph, and the text “on the Permit to Operate application form in accordance with Section 280.23” in (f).
280.21 Upgrading of Existing UST systems.
280.22 Notification requirements, except (h) and (i).
280.24 Testing.
280.25 Secondary containment required.
280.30 Spill and overfill control.
280.31 Operation and maintenance of corrosion protection.
280.32 Compatibility.
280.33 Repairs allowed.
280.34 Reporting and recordkeeping.
280.35 Periodic testing of spill prevention equipment and containment sumps used for interstitial monitoring of piping and periodic inspection of overfill prevention equipment.
280.36 Periodic operation and maintenance walkthrough inspections.
280.40 General requirements for all UST systems.
280.41 Requirements for petroleum UST systems.
280.42 Requirements for hazardous substance UST systems.
280.43 Methods of release detection for tanks.
280.44 Methods of release detection for piping.
280.45 Release detection recordkeeping.
280.50 Reporting of suspected releases.
280.51 Investigation due to off-site impacts.
280.52 Release investigation and confirmation steps.
280.53 Reporting and cleanup of spills and overfills.
280.60 General.
280.61 Initial response.
280.62 Initial abatement measures and site check.
280.63 Initial site characterization.
280.64 Free product removal.
280.65 Investigations for soil and ground-water cleanup.
280.66 Corrective action plan.
280.70 Temporary closure.
280.71 Permanent closure and changes-in-service.
280.72 Assessing the site at closure or change-in-service.
280.73 Applicability to previously closed UST systems.
280.74 Closure records.
280.90 Applicability.
280.91 Compliance dates.
280.92 Definition of terms.
280.93 Amount and scope of required financial responsibility.
280.94 Allowable mechanisms and combinations of mechanisms.
280.95 Financial test of self-assurance.
280.96 Guarantee.
280.97 Insurance and risk retention group coverage.
280.98 Surety Bond.
280.99 Letter of credit.
280.100 Use of state-required mechanism [Reserved].
280.101 State fund or other state assurance, except (b) through (e).
280.102 Trust Fund.
280.103 Standby trust fund.
280.104 Local government bond rating test.
280.105 Local government financial test.
280.106 Local government guarantee.
280.107 Local government fund.
280.108 Substitution of financial assurance mechanisms by owner or operator.
280.109 Cancellation or non-renewal by a provider of financial assurance.
280.110 Reporting by owner or operator.
280.111 Recordkeeping.
280.112 Drawing on financial assurance mechanisms.
280.113 Release from the requirements.
280.114 Bankruptcy or other incapacity of owner or operator or provider of financial assurance.
280.115 Replenishment of guarantees, letters of credit, or surety bonds.
280.116 Suspension of enforcement [Reserved].
280.200 Definitions.
280.210 Participation in management.
280.220 Ownership of an underground storage tank or underground storage tank system or facility or property on which an underground storage tank or underground storage tank system is located.
280.230 Operating an underground storage tank or underground storage tank system.
280.240 General requirement for all UST systems, except (b).
280.241 Designation of Class A, B, and C operators.
280.242 Requirements for operator training.
280.243 Timing of operator training.
280.244 Retraining.
280.245 Documentation.
280.250 Definitions.
280.251 General Requirements.
280.252 Additions, exceptions, and alternatives for UST systems with field-constructed tanks and airport hydrant systems.
(C) Copies of the South Carolina statutes and regulations that are incorporated by reference are available from the South Carolina State Register, 223 Blatt Building, 1105 Pendleton Street, Columbia, South Carolina 29201; Phone number: (803) 212-4500; website: https://www.scstatehouse.gov/.
(a) The statutory provisions include:
(1) South Dakota Codified Laws (2021), Title 34A Environmental Protection, Chapter 2 Water Pollution Control: Section 98 Underground Storage Tanks: section 34A-2-98(5) Definition “underground storage tank.”
(2) [Reserved]
(b) The regulatory provisions include:
(1) Administrative Rules of South Dakota (April 19, 2021), Title 74 Department of Agriculture and Natural Resources, Article 56 Storage facilities—remediation:
Chapter 74:56:01 Underground Storage Tanks:
Sections 74:56:01:01 Definitions; 74:56:01:02 Underground storage tank defined; 74:56:01:03 Applicability; 74:56:01:04 Performance standards for new UST systems—General requirements; 74:56:01:05 Performance standards for new UST systems—Tanks; 74:56:01:06 Performance standards for new UST systems—Piping; 74:56:01:07 Performance standards for new UST systems—Spill and overfill protection; 74:56:01:08 Performance standards for new UST systems—Installation requirements and submission of proof of compliance with requirements; 74:56:01:09 Upgrading of existing UST systems—General requirements and deadlines; 74:56:01:10 Upgrading of existing USTs—Specific requirements; 74:56:01:10.01 Replacement of existing UST systems—Tanks; 74:56:01:10.02 Replacement of existing UST systems—Piping; 74:56:01:10.03 Installation of under-dispenser sumps; 74:56:01:11 Notification requirements for UST systems; 74:56:01:12 Completion of certification of compliance form for UST systems; 74:56:01:13 Spill and overfill control; 74:56:01:14 Operation and maintenance of cathodic protection; 74:56:01:15 Operation and maintenance of cathodic protection—Criteria for taking tests; 74:56:01:16 Operation and maintenance of cathodic protection—Recordkeeping; 74:56:01:17 Compatibility; 74:56:01:18 Repairs allowed—General requirements; 74:56:01:19 Repairs allowed—Lining; 74:56:01:20 Repairs allowed—Fiberglass-reinforced plastic tank systems; 74:56:01:21 Repairs allowed—Piping; 74:56:01:22 Repairs allowed—Recordkeeping; 74:56:01:23 Maintenance and availability of records; 74:56:01:23.01 Periodic testing of spill prevention equipment and containment sumps—General requirements; 74:56:01:23.02 Periodic operation and maintenance walkthrough inspections; 74:56:01:24 Release detection for all UST systems—General requirements and deadlines; 74:56:01:25 Release detection requirements for regulated substance UST systems—Excluding hazardous substances; 74:56:01:26 Release detection requirements—Tank tightness testing and inventory reconciliation; 74:56:01:27 Release detection requirements—Vapor monitoring; 74:56:01:28 Release detection requirements—Groundwater monitoring; 74:56:01:29 Release detection requirements—Automatic tank monitoring; 74:56:01:30 Release detection requirements—Secondary containment with interstitial monitoring; 74:56:01:31 Release detection requirements—Manual tank monitoring; 74:56:01:32 Release detection requirements—Hazardous substance UST systems; 74:56:01:33 Release detection requirements—Other; 74:56:01:34 Release detection requirements for pressure piping; 74:56:01:35 Release detection requirements for suction piping; 74:56:01:36 Release detection requirements for piping—Regulated hazardous substances; 74:56:01:38 Recordkeeping; 74:56:01:38.01 Training of owners and operators; 74:56:01:40 Reporting of suspected releases; 74:56:01:41 Reporting of spills and overfills; 74:56:01:42 Release investigation and confirmation; 74:56:01:43 Off-site impacts and source investigation; 74:56:01:44 General requirements for corrective action for releases from UST systems; 74:56:01:45 Initial abatement requirements and procedures for releases from UST systems; 74:56:01:46 Additional abatement requirements for hazardous substances; 74:56:01:47 Free product removal; 74:56:01:48 Additional site investigation for releases from UST systems; 74:56:01:49 Soil and groundwater cleanup for releases from UST systems; 74:56:01:51 Reporting of hazardous substance releases from UST systems; 74:56:01:52 Temporary removal from use; 74:56:01:53 Temporary closure; 74:56:01:54 Permanent closure; 74:56:01:55 Postclosure requirements; and 74:56:01:57 Field constructed tanks/airport hydrant systems.
Chapter 74:56:02 Financial responsibility:
Sections 74:56:02:01 Applicability; 74:56:02:02 Definitions; and 74:56:02:03 Financial responsibility and lender liability rules.
(2) [Reserved]
(c) Copies of the South Dakota statutes and regulations that are incorporated by reference are available from the South Dakota Legislative Research Council, 3rd Floor, State Capitol, 500 East Capitol Avenue, Pierre, South Dakota 57501-5070; Phone number: 605-773-3251; email: LRC@sdlegislature.gov; website: https://sdlegislature.gov.
(A) The statutory provisions include:
Tennessee Petroleum Underground Storage Tank Act (the UST Act) of 1988, Tenn. Code Ann. sections 68-215-101 to 68-215-204 (2018):
68-215-101 Short Title.
68-215-103 Definitions, except (17)(A)(iii) and (iv).
68-215-104 Prohibitions, except (3) and (4).
68-215-105 Minimum standards.
68-215-106 Notice; certificates and certification; except (a)(6), (b)(1), (b)(2), and (c) through (f).
68-215-107 Supervision; orders; enforcement; rules and regulations; except (a) through (g)(1).
68-215-110 Fund; environmental assurance fee; except (b) through (h).
68-215-112 Repealed.
68-215-113 Repealed.
68-215-124 Exemptions.
68-215-128 Obsolete.
68-215-130 Repealed.
68-215-201 Definitions.
68-215-202 Ownership of petroleum site or petroleum underground storage tank or property on which a petroleum site or petroleum underground tank is located.
68-215-203 Operation prior to and after foreclosure.
68-215-204 Participation in the management.
(B) The regulatory provisions include:
Tennessee's Underground Storage Tank Regulations, Tenn. Comp. R. & Regs. 0400-18-01-.01 to .17 (2018):
0400-18-01-.01 Program Scope, Definitions, and Proprietary Information Applicability; except (4)1.(iii) and (iv) of the definition for “Responsible party” and (5).
0400-18-01-.02 UST Systems: Installation and Operation; except (1)(a)2. and (4)(c)6.(ii)(II)IV.
0400-18-01-.03 Notifications, Reporting, and Record Keeping.
0400-18-01-.04 Release Detection; except (1)(e).
0400-18-01-.05 Release Reporting, Investigation, and Confirmation; except (1)(b) and (c).
0400-18-01-.06 Petroleum Release Response, Remediation, and Risk Management; except for the text “The fund shall not reimburse the owner, operator, and/or other responsible party of petroleum UST system for the cost of generating duplicate data” in (2)(b)1. Also, except (3)(f), (7)(c), and (11)(b) and (c).
0400-18-01-.07 Out-of-Service UST Systems and Closure; as to Appendix 0400-18-01-.07-A, except for the text “transport and” in (4)(a). Also, except (4)(e).
0400-18-01-.08 Financial Responsibility; except (5)(a), (5)(b), (20), and (21).
0400-18-01-.12 Indicia of Ownership; except (3) and (4).
0400-18-01-.13 Reserved.
0400-18-01-.16 Certified Operator Program.
0400-18-01-.17 UST Systems with Field-Constructed Tanks and Airport Hydrant Systems.
(C) Copies of the Tennessee statutes and regulations that are incorporated by reference are available from the Tennessee Department of Environment and Conservation, Division of Underground Storage Tanks, William R. Snodgrass Tennessee Tower, 12th Floor, 312 Rosa L. Parks Ave., Nashville, TN 37243; Phone number: (615) 532-0730; website: https://www.tn.gov/environment/program-areas/ust-underground-storage-tanks/ust/act-rules-and-policies.html.
(a) The regulatory provisions include:
(b) Copies of the Texas UST regulations that are incorporated by reference are available from Thomson Reuters, 610 Opperman Drive, Eagan, MN 55123; Phone: 1-888-728-7677; website: http://legalsolutions.thomsonreuters.com; or the Texas Secretary of State office website at https://texreg.sos.state.tx.us/public/readtac$ext.ViewTAC?tac_view=4&ti=30&pt=1&ch=334.
(a) The statutory provisions include: Utah Code, Title 19: “Environmental Quality Code,” Chapter 1, “General Provisions, Part 2, Powers,” (May 8, 1991) and Chapter 6, “Hazardous Substances, Part 4, Underground Storage Tank Act” (May 8, 2018):
Section 19-1-203, Representatives of department authorized to enter regulated premises.
Section 19-6-402, Definitions, except (3), (4), (8), (9), (11), (14), (15), (20), (23) and (26).
Section 19-6-402.5, Retroactive effect.
Section 19-6-403, Powers and duties of board, except (1)(a)(i), (1)(a)(vi) and (1)(a)(vii).
Section 19-6-404, Powers and duties of director, except 2(c), 2(f), 2(j) and 2(m).
Section 19-6-407, Underground storage tank registration—Change of ownership or operation—civil penalty, except (2) and (3).
Section 19-6-413, Tank tightness test—Action required after testing.
Section 19-6-420 Abatement actions—Corrective actions, except (1) through (3)(b), (4)(a), (5)(b) and (c), (6), and 9(b).
(b) Administrative Rules of the State of Utah, Title 311 Environmental Quality, Environmental Response and Remediation, Utah Administrative Code (April 1, 2018):
(1) Section R311-200-1, Underground Storage Tanks: Definitions, except (b)(2), (b)(5), (b)(6), (b)(7), (b)(10), (b)(11), (b)(12), (b)(13), (b)(20), (b)(22), (b)(28), (b)(34), (b)(38), (b)(44), (b)(45), (b)(49), (b)(51), (b)(55), (b)(56), (b)(58), and (b)(59).
Section R311-201-1, Underground Storage Tanks: Definitions, except those definitions listed as excepted under R311-200-1.
Section R311-201-12, Underground Storage Tanks: Certification Programs and UST Operator Training, UST Operator Training and Registration, except (d)(2) and (f).
Section R311-202-1, Federal Underground Storage Tank Regulations, Incorporation by reference, except (a), (b), (c), and (d).
Section R311-203-1, Underground Storage Tanks: Technical Standards, Definitions, except those definitions listed as excepted under R311-200-1.
Section R311-203-2, Notification.
Section R311-203-3, New installations, permits, except (b), (c), and (g).
Section R311-203-5, UST testing requirements.
Section R311-203-6, Secondary containment and under-dispenser containment.
Section R311-203-7, Operator inspections.
Section R311-203-8, Unattended facilities.
Section R311-204-1, Underground Storage Tanks: Closure and Remediation, Definitions, except those definitions listed as excepted under R311-200-1.
Section R311-204-2, Underground Storage Tank Closure Plan.
Section R311-204-3, Disposal.
Section R311-204-4, Closure notice.
Section R311-205-1, Underground Storage Tanks: Site Assessment Protocol, Definitions, except those definitions listed as excepted under R311-200-1.
Section R311-205-2, Site assessment protocol.
Section R311-206-1, Underground Storage Tanks: Certificate of Compliance and Financial Assurance Mechanisms, Definitions, except those definitions listed as excepted under R311-200-1.
Section R311-206-2, Declaration of financial assurance mechanisms, except (a)(1), (b), and (c).
Section R311-206-3, Requirements for issuance of certificates of compliance, except (7) and (8).
Section R311-206-5, Requirements for owners and operators demonstrating financial assurance by other methods, except (b) and (b)(2).
Section R311-206-8, Delivery prohibition, except (a)(1)—(4) and (f)(1)(A).
(c) Copies of the Utah regulations that are incorporated by reference are available from the Utah's Office of Administrative Rules, Office Coordinator, P.O. Box 141007, Salt Lake City, UT 84114-1007; Phone number: 801-538-3003; website: https://rules.utah.gov/publications/utah-adm-code/.
(a) The statutory provisions include:
Section 1921. Purpose; Section 1922. Definitions; Section 1923. Notice of new or existing underground storage tanks; Section 1924. Integrity report; Section 1926. Unused and abandoned tanks; Section 1927. Regulation of category one tanks, except (a) and (d); Section 1928. Regulation of farm and residential large motor fuel tanks; Section 1930. Implementation; coordination, except (b) and (c).
Section 6602. Definitions, 6602(1), (6), (16)(A)(i), (ii) and (iv), (17), (23), (34); Section 6615. Liability, 6615(g); Section 6615a. Diligent and appropriate investigation for hazardous materials; Section 6615b. Corrective action procedures; Section 6616. Release prohibition; Section 6617. Person responsible for release; notice to Agency.
(b) The regulatory provisions include:
(a) The statutory provisions include:
(1) Code of Virginia, Title 62.1, Chapter 3.1: State Water Control Law.
(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.
(2) Virginia Administrative Code, Title 9, Agency 25: State Water Control Board, Chapter 590: Petroleum Underground Storage Tank Financial Responsibility Requirements
(a) The statutory provisions include:
(1) Chapter 70A.355 RCW, “Underground Storage Tanks”: Sections 70A.355.010, “Definitions”; 70A.355.020, “Department's Powers and Duties—Rule-Making Authority”, Subsections 020(1), 020(2), 020(3); 70A.355.030, “Environmentally Sensitive Areas”; 70A.355.090, “Underground storage tank account”; 70A.355.100, “Preemption”; 70A.355.900, “Captions not law”; 70A.355.901 “Severability—1989 c 346”; and 70A.355.902, “Effective Date—1989 c 346”.
(b) The regulatory provisions include:
(1) Washington Administrative Code, Chapter 173-360A:
(2) Washington Administrative Code, Chapter 173-340, “Model Toxics Control Act Cleanup Regulation”:
(a) The statutory provisions include:
(1) Code of West Virginia, Chapter 22, Article 17: Underground Storage Tank Act
(b) The regulatory provisions include:
(1) West Virginia Code of State Regulations, Title 33: Waste Management Rule, Series 30: Underground Storage Tanks
Notification for Underground Storage Tanks, revised 2/2018