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

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

The following is an informational listing of the state requirements incorporated by reference in part 282 of the Code of Federal Regulations:

Alabama

(a) The statutory provisions include Code of Alabama 1975, Title 22, Chapter 36, Underground Tank and Wellhead Protection Act:

Section 1 Short title.
Section 2 Definitions.
Section 3 Rules and regulations governing underground storage tanks.
Section 4 Information to be furnished by owner upon request of department; owner to permit access to records and entry and inspection of facilities.
Section 6 Expenditure of funds from leaking underground storage tank trust fund; investigative and corrective powers in regard to administration of funds; liability of owner or operator for costs.
Section 8 Availability to public of records, reports, or information obtained under chapter.
Section 10 Rules and regulations.

(b) The regulatory provisions include Alabama Department of Environmental Management, Administrative Code, Division 6, Water Quality Program, Volume II, revised effective: June 1, 1994, Chapter 335-6-15: Technical Standards, Corrective Action Requirements and Financial Responsibility for Owners and Operators of Underground Storage Tanks.

Section .01 Purpose.
Section .02 Definitions.
Section .03 Applicability.
Section .04 Interim Prohibition for Deferred UST Systems.
Section .05 Notification, except those USTs taken out of operation on or before January 1, 1974.
Section .06 Performance Standards for New UST Systems.
Section .07 Upgrading of Existing UST Systems.
Section .08 Plans and Specifications.
Section .09 Spill and Overfill Control.
Section .10 Operation and Maintenance of Corrosion Protection.
Section .11 Compatibility.
Section .12 Repairs Allowed.
Section .13 Reporting and Recordkeeping.
Section .14 General Release Detection Systems for all UST Systems.
Section .15 Release Detection Requirements for Petroleum UST Systems.
Section .16 Release Detection Requirements for Hazardous Substance UST Systems.
Section .17 Methods of Release Detection for Tanks.
Section .18 Methods of Release Detection for Pipes.
Section .19 Release Detection Recordkeeping.
Section .20 Reporting of Suspected Releases.
Section .21 Investigation Due to Environmental Impact.
Section .22 Release Investigation and Confirmation Steps.
Section .23 Reporting and Clean-up of Spills and Overfills.
Section .24 Initial Release Response.
Section .25 Initial Abatement Measures and Preliminary Investigation.
Section .26 Preliminary Investigation Requirements.
Section .27 Free Product Removal.
Section .28 Secondary Investigation Requirements.
Section .29 Corrective Action Plan.
Section .30 Corrective Action Limits for Soils.
Section .31 Corrective Action Limits for Ground Water.
Section .32 Alternative Corrective Action Limits.
Section .33 Risk Assessment.
Section .34 Public Participation.
Section .35 Analytical Requirements.
Section .36 Temporary Closure.
Section .37 Permanent Closure.
Section .38 Site Closure or Change-in-Service Assessments.
Section .39 Applicability to Previously Closed UST Systems.
Section .40 Closure Records.
Section .41 Alternate or Temporary Drinking Water Source.
Section .42 Availability to Public of Records, Reports or information.
Section .43 Access to Records.
Section .44 Entry and Inspection of Facilities.
Section .46 Financial Responsibility for Petroleum UST Owners and Operators.
Section .48 Severability.
Arkansas

(a) The statutory provisions include:

1. Arkansas Code Annotated, Title 8, Chapter 7, Subchapter 8 - Regulated Substance Storage Tanks:
Section 8-7-801 Definitions and exceptions
Section 8-7-803 Regulations generally
Section 8-7-804 Procedures of department generally
Section 8-7-807 Responsibility and liability of owner
Section 8-7-808 Regulated Substance Storage Tank Program Fund
Section 8-7-810 Insurance pools
Section 8-7-811 Trade secrets
Section 8-7-812 Subchapter controlling over other laws
Section 8-7-813 Registration
2. Arkansas Code Annotated, Title 8, Chapter 7, Subchapter 9 - Petroleum Storage Tank Trust Fund Act:
Section 8-7-901 Title
Section 8-7-902 Definitions
Section 8-7-903 Rules and Regulations - Powers of department [Except (c), which addresses aboveground storage tanks.]
Section 8-7-904 Advisory committee
Section 8-7-905 Petroleum Storage Tank Trust Fund
Section 8-7-906 Petroleum environmental assurance fee
Section 8-7-907 Payments for corrective action
Section 8-7-908 Third-party claims
Section 8-7-909 Confidential treatment of information

(b) The regulatory provisions include:

1. Arkansas Department of Pollution Control and Ecology Regulation Number 12 - Storage Tank Regulation:
a. Chapter 1: General Provisions
Section 1: Purpose
Section 2: Authority
Section 3: Short Title
b. Chapter 2: Regulations Promulgated Under Acts 172 and 173 of 1989 and Act 65 of the Third Extraordinary Session of 1989 for Administration of the State Regulated Storage Tank Program
Section 1: Incorporation of Federal Regulations
Section 2: Arkansas Petroleum Storage Tank Trust Fund Act
Section 3: Definitions
c. Chapter 3: Fees
Section 1: Underground and Aboveground Storage Tank Registration Fees [Except insofar as it applies to aboveground storage tanks.]
Section 2: Underground Storage Tank Licensing Fees
Section 3: Late Payment Penalties
Section 4: Refusal or Failure to Pay Fees
d. Chapter 4: Petroleum Storage Tank Trust Fund Release Reimbursement
Section 1: Purpose
Section 2: Amount of Reimbursement
Section 3: Initial Fund Eligibility
Section 4: Loss and Restoration of Initial Fund Eligibility
Section 5: Corrective Action Reimbursement Procedure
Section 6: Reimbursement Application Review
Section 7: Allowable Costs
Section 8: Reasonable Costs
Section 9: Audits
Section 10: Deductible
Section 11: Third Party Claim Reimbursement Procedure
Section 12: Compliance
Section 13: Fund Availability
Section 14: Cost Recovery
e. Chapter 7: Confidentiality
Section 1: Confidentiality Requests
Section 2: Responsibility
Section 3: Submission Procedure
Section 4: Requirements for Protection
Section 5: Acceptability of Information
Section 6: Security
f. Chapter 9: Severability
g. Chapter 10: Effective Date
Connecticut

(a) The statutory provisions include Connecticut's General Statutes, Chapter 446k, Section 22a-449(d), Duties and Powers of Commissioner, January 1, 1995.

(b) The regulatory provisions include Regulations of Connecticut State Agencies (“R.C.S.A.”) Sections 22a-449(d)-101 through 113, Underground Storage Tank System Management, July 28, 1994:

Section 22a-449(d)-101 Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks - Program Scope and Interim Prohibition

(a) Applicability of Sections 22a-449(d)-101 through 22a-449(d)-113.

(b) Interim Prohibition for deferred UST systems.

(c) General.

(d) Definition.

Section 22a-449(d)-102 UST Systems: Design, Construction, Installation, and Notification

(a) Performance standards for new UST systems.

(b) Notification Requirements.

Section 22a-449(d)-103 General Operating Requirements

(a) Spill and overflow control.

(b) Operating and maintenance of corrosion protection.

(c) Compatibility.

(d) Repairs allowed.

(e) Reporting and recordkeeping.

Section 22a-449(d)-104 Release Detection

(a) General requirements for all UST systems.

(b) Additional requirements.

(c) Requirements for petroleum UST systems.

(d) Requirements for hazardous substance UST systems.

(e) Methods of release detection for tanks.

(f) Methods of release detection for piping.

(g) Release detection recordkeeping.

Section 22a-449(d)-105 Release Reporting, Investigation, and Confirmation

(a) Reporting of suspected releases.

(b) Investigation due to off-site impacts.

(c) Release investigation and confirmation steps.

(d) Reporting and cleanup of spills and overfills.

Section 22a-449(d)-106 Release Response and Corrective Action for UST Systems Containing Petroleum or Hazardous Substances

(a) General.

(b) Additional requirements.

(c) Initial response.

(d) Initial abatement measures and site check.

(e) Initial site characterization.

(f) Free product removal.

(g) Investigations for soil and ground-water cleanup.

(h) Corrective action plan.

(i) Public participation.

Section 22a-449(d)-107 Out-of-service UST Systems and Closure

(a) Temporary closure.

(b) Permanent closure.

(c) Assessing the site at closure.

(d) Applicability to previously closed UST systems.

(e) Closure records.

Section 22a-449(d)-108 Reserved
Section 22a-449(d)-109 Financial Responsibility

(a) Applicability.

(b) Compliance dates.

(c) Definition of terms.

(d) Amount and scope of required financial responsibility.

(e) Allowable mechanisms and combinations of mechanisms.

(f) Financial test of self-insurance.

(g) Guarantee.

(h) Insurance risk retention group coverage.

(i) Surety bond.

(j) Letter of credit.

(k) Use of state-required mechanism.

(l) State fund and other state assurance.

(m) Trust fund.

(n) Standby trust fund.

(o) Substitution of financial assurance mechanisms by owner or operator.

(p) Cancellation or non-renewal by a provider of financial assurance.

(q) Reporting by owner or operator.

(r) Record keeping.

(s) Drawing of financial assurance mechanisms.

(t) Release from the requirements.

(u) Bankruptcy or other incapacity of owner or operator or provider of financial assurance.

(v) Replenishment of guarantees, letters of credit, or, surety bonds.

(w) Suspension of enforcement. [Reserved]

(x) 40 CFR Part 280 Appendix I is incorporated by reference, in its entirety.

(y) Appendix II to 40 CFR Part 280 - List of Agencies Designed to Receive Notification.

(z) Appendix III to 40 CFR Part 280 - Statement for Shipping Tickets and Invoices.

Section 22a-449(d)-110 UST system upgrading, abandonment and removal date

(a) Petroleum UST system of which construction or installation began prior to November 1, 1985.

(b) Hazardous substance UST system of which construction or installation began prior to December 22, 1988.

(c) UST systems which comply with the standards specified in subsection 22a-449(d)-102(a) of these regulations.

Section 22a-449(d)-111 Life Expectancy

(a) How life expectancy determinations shall be conducted

(b) Life expectancy shall be as follows:

(c) The life expectancy of an UST system component.

Section 22a-449(d)-112 UST System Location Transfer
Section 22a-449(d)-113 Transfer of UST System Ownership, Possession, or Control

(a) Disclosure to transferee.

(b) Information submitted to the commissioner pursuant to section 22a-449(d)-102 of these regulations.

Georgia

(a) The statutory provisions include the Georgia Underground Storage Tank Act (GUSTA) (O.C.G.A. Section 12-13-1, et seq.):

Section 12-13-2 - Public policy.
Section 12-13-3 - Definitions.
Section 12-13-4 - Exceptions to chapter.
Section 12-13-5 - Rules and regulations; enforcement powers.
Section 12-13-6 - Powers and duties of director.
Section 12-13-7 - Performance standards applicable until rules and regulations effective.
Section 12-13-8 - Investigations.
Section 12-13-9 - Establishing financial responsibility; claims against guarantor; Underground storage Trust Fund.
Section 12-13-10 - Environmental assurance fees.
Section 12-13-11 - Corrective action for release of petroleum product into environment.
Section 12-13-12 - Recovery in event of discharge or threat of discharge of regulated substance.
Section 12-13-13 - Notice by owner of underground storage tank.
Section 12-13-14 - Corrective action for violations of chapter, rules, etc., and for release of regulated substance into environment.
Section 12-13-15 - Injunctions and restraining orders.
Section 12-13-16 - Hearings and review.
Section 12-13-17 - Judgement by superior court.
Section 12-13-18 - Required compliance with chapter; proof that petroleum subjected to environmental fee.
Section 12-13-19 - Violations; imposition of penalties.
Section 12-13-20 - Action in emergencies.
Section 12-13-21 - Public access to records.
Section 12-13-22 - Representation by Attorney General.

(b) The regulatory provisions include the Rules of Georgia Department of Natural Resources, Environmental Protection Division, Underground Storage Tank Management:

Section 391-3-15-.01 - General provisions. Amended.
Section 391-3-15-.02 - Definitions, UST Exclusions, and UST Deferrals. Amended.
Section 391-3-15-.03 - Confidentiality of Information. Amended.
Section 391-3-15-.04 - Interim Prohibition for Deferred UST Systems. Amended.
Section 391-3-15-.05 - UST Systems: Design, Construction, Installation and Notification. Amended.
Section 391-3-15-.06 - General Operating Requirements. Amended.
Section 391-3-15-.07 - Release Detection. Amended.
Section 391-3-15-.08 - Release Reporting, Investigation, and Confirmation. Amended.
Section 391-3-15-.09 - Release Response and Corrective Action for UST Systems Containing Petroleum. Amended.
Section 391-3-15-.10 - Release Response and Corrective Action for UST Systems Containing Hazardous Substances. Amended.
Section 391-3-15-.11 - Out-of-Service UST Systems and Closure. Amended.
Section 391-3-15-.12 - UST Systems Containing Petroleum; Financial Responsibility Requirements. Amended.
Section 391-3-15-.13 - Georgia Underground Storage Tank (GUST) Trust Fund. Amended.
Section 391-3-15-.14 - Enforcement.
Section 391-3-15-.15 - Variances.
Hawaii

(a) The statutory provisions include:

(1) Hawaii Revised Statutes, Chapter 342L, Underground Storage Tanks.

Section 342L-1 Definitions (except “complaint” insofar as it sets forth enforcement authorities; “owner” insofar as it includes persons who hold indicia of ownership to protect an interest in a tank system; “permit” insofar as it sets forth a permitting program; and “regulated substance” insofar as it includes other substances as designated by the Department)
Section 342L-7.5 Record maintenance
Section 342L-30 Notification requirements (except paragraph (i) of this section insofar as it grants the Department authority to assess penalties for noncompliance)
Section 342L-32 Standards for tanks and tank systems
Section 342L-33 Release detection
Section 342L-34 Reporting of releases
Section 342L-35 Response to suspected or confirmed releases
Section 342L-36 Financial responsibility
Section 342L-37 Underground storage tank and tank system change in service and closure requirements
Section 342L-50 Definitions (except “owner” insofar as it defines lenders as operators and subjects such lenders to requirements other than the corrective action requirements)

(2) Hawaii Revised Statutes, Chapter 342D, Water Pollution.

Section 342D-1 Definitions
Section 342D-4 Duties; rules
Section 342D-7 Variances (Insofar as paragraph (a) of this appendix is applicable to the underground storage tank program)
Section 342D-38 Hazardous substance defined
Section 342D-50 Prohibition
Section 342D-51 Affirmative duty to report discharges
(3) Hawaii Revised Statutes, Chapter 342E, Nonpoint Source Pollution Management and Control.
Section 342E-1 Definitions
Section 342E-2 Nonpoint source pollution management and control program

(b) The regulatory provisions include:

(1) Hawaii Administrative Rules, Chapter 11-281, Underground Storage Tanks

Section 11-281-01 Applicability
Section 11-281-02 Prohibition for deferred underground storage tanks or tank systems
Section 11-281-03 Definitions (except “complaint” insofar as it sets forth enforcement authorities; “farm tank” insofar as it regulates tanks on farms that are not used for farm or commercial purposes; “field citation” and “force majeure” insofar as they relate to the Department's enforcement authorities; “regulated substance” insofar as the Department can designate other substances; “reportable quantity” insofar as it sets forth a reporting threshold of 10 lbs. for trichloropropane; and “underground storage tank” insofar as its designation of farm tanks exceeds the scope of the federal regulations)
Section 11-281-11 Performance standards for underground storage tanks and tank systems
Section 11-281-12 Tank requirements
Section 11-281-13 Piping requirements
Section 11-281-14 Spill and overfill prevention equipment
Section 11-281-15 Installation
Section 11-281-16 Certification of installation
Section 11-281-17 Secondary containment
Section 11-281-18 Upgrading of existing underground storage tanks and tank systems
Section 11-281-21 Notification requirements for tanks brought into use before the effective date of these rules
Section 11-281-22 Notification requirements for tanks brought into use on or after the effective date of these rules
Section 11-281-24 Application for a permit (except insofar as paragraphs (a), (b), (c)(3), and (c)(4) of this section relate to the permitting program)
Section 11-281-25 Permit (except insofar as paragraphs (a) and (b) of this section relate to the permitting program)
Section 11-281-41 Spill and overfill control
Section 11-281-42 Operation and maintenance of corrosion protection systems
Section 11-281-43 Compatibility
Section 11-281-44 Repairs
Section 11-281-45 Reporting and recordkeeping (except paragraph (b)(3) of this section insofar as it addresses posting of signs; and paragraph (c)(6) insofar as it requires maintenance of permit records)
Section 11-281-51 General requirements for all underground storage tanks or tank systems
Section 11-281-52 Methods of release detection for tanks
Section 11-281-53 Methods of release detection for piping
Section 11-281-54 Release detection recordkeeping
Section 11-281-61 Reporting of suspected releases
Section 11-281-62 Investigation of off-site impacts
Section 11-281-63 Release investigation and confirmation steps
Section 11-281-64 Reporting and cleanup of spills and overfills
Section 11-281-71 General
Section 11-281-72 Immediate response actions
Section 11-281-74 Initial abatement measures and site assessment
Section 11-281-75 Initial site characterization
Section 11-281-76 Free product removal
Section 11-281-77 Investigation of soil and ground water contamination
Section 11-281-78 Site cleanup criteria
Section 11-281-78.1 Notification of confirmed releases
Section 11-281-79 Corrective action plan
Section 11-281-80 Public participation for corrective action plans [except paragraph (j) insofar as it sets forth enforcement authorities]
Section 11-281-80.1 Reporting and recordkeeping
Section 11-281-81 Temporary closure
Section 11-281-82 Permanent closure and change-in-service
Section 11-281-83 Site assessment
Section 11-281-84 Previously closed underground storage tanks or tank systems
Section 11-281-85 Closure records
Section 11-281-91 Applicability
Section 11-281-93 Definition of terms
Section 11-281-94 Amount and scope of required financial responsibility
Section 11-281-95 Allowable mechanisms and combinations of mechanisms
Section 11-281-96 Financial test of self-insurance
Section 11-281-97 Guarantee
Section 11-281-98 Insurance and risk retention group
Section 11-281-99 Surety bond
Section 11-281-100 Letter of credit
Section 11-281-101 Trust fund
Section 11-281-102 Standby trust fund
Section 11-281-103 Local government bond rating test
Section 11-281-104 Local government financial test
Section 11-281-106 Local government guarantee
Section 11-281-107 Local government fund
Section 11-281-108 Substitution of financial assurance mechanisms by owner or operator
Section 11-281-109 Cancellation or nonrenewal by a provider of financial assurance
Section 11-281-110 Reporting by owner or operator
Section 11-281-111 Recordkeeping
Section 11-281-112 Drawing on financial assurance mechanisms
Section 11-281-113 Release from financial responsibility
Section 11-281-114 Bankruptcy or other incapacity of owner or operator or provider of financial assurance
Section 11-281-115 Replenishment of guarantees, letters of credit, or surety bonds
Section 11-281-131 Appendices I and III (Notification for Underground Storage Tanks, June 1999 and Certification of Underground Storage Tank Installation, June 1999)

(2) Hawaii Administrative Rules, Chapter 11-264, Hazardous Waste Management: Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities, Subpart J, Tank Systems.

Section 11-264-190 Applicability
Section 11-264-191 Assessment of existing tank system's integrity
Section 11-264-192 Design and installation of new tank systems or components
Section 11-264-193 Containment and detection of releases
Section 11-264-194 General operating requirements
Section 11-264-195 Inspections
Section 11-264-196 Response to leaks or spills and disposition of leaking or unfit-for use tank systems
Section 11-264-197 Closure and post-closure care
Section 11-264-198 Special requirements for ignitable or reactive wastes
Section 11-264-199 Special requirements for incompatible wastes
Section 11-264-200 Air emission standards
Iowa

(a) The statutory provisions include Code of Iowa, 1993; Chapter 455B, Jurisdiction of Department:

Section 101 - Definitions
Section 103 - Director's duties, except for 455B.103(4)
Section 105 - Powers and duties of the commission, except for 105(5), 105(11)a(3) and 105(11)b
Section 471 - Definitions
Section 472 - Declaration of policy
Section 473 - Report of existing and new tanks - fee
Section 473A - Petroleum underground storage tank registration amnesty program
Section 474 - Duties of Commission - rules
Section 479 - Storage tank management fee, except for the 2nd and 3rd sentences

(b) The regulatory provisions include Iowa Administrative Code, 1993, Rule 567, Environmental Protection Commission:

Chapter 131.1 - Definitions
Chapter 131.2 - Report of Hazardous Conditions
Chapter 133.1 - Scope
Chapter 133.2 - Definitions
Chapter 133.3 - Documentation of contamination and source
Chapter 133.4 - Response to contamination
Chapter 133.5 - Report to commission
Chapter 135.1 - Authority, purpose and applicability
Chapter 135.2 - Definitions
Chapter 135.3 - UST systems - design, construction, installation, and notification, except for 135.3(4)a, 3(4)b and 3(4)c
Chapter 135.4 - General operating requirements
Chapter 135.5 - Release detection
Chapter 135.6 - Release reporting, investigation, and confirmation
Chapter 135.7 - Release response and corrective action for UST systems containing petroleum or hazardous substances
Chapter 135.8 - Site cleanup report
Chapter 135.9 - Out-of-service UST systems and closure
Chapter 135.10 - Laboratory analytical methods for petroleum contamination of soil and groundwater
Chapter 135.11 - Evaluation of ability to pay
Chapter 136.1 - Applicability
Chapter 136.2 - Compliance dates
Chapter 136.3 - Definition of terms
Chapter 136.4 - Amount and scope of required financial responsibility
Chapter 136.5 - Allowable mechanisms and combinations of mechanisms
Chapter 136.6 - Financial test of self-insurance
Chapter 136.7 - Guarantee
Chapter 136.8 - Insurance and risk retention group coverage
Chapter 136.9 - Surety bond
Chapter 136.10 - Letter of credit
Chapter 136.11 - Trust fund
Chapter 136.12 - Standby trust fund
Chapter 136.13 - Local government bond rating test
Chapter 136.14 - Local government financial test
Chapter 136.15 - Local government guarantee
Chapter 136.16 - Local government fund
Chapter 136.17 - Substitution of financial assurance mechanisms by owner or operator
Chapter 136.18 - Cancellation or nonrenewal by a provider of financial assurance
Chapter 136.19 - Reporting by owner or operator
Chapter 136.20 - Record keeping
Chapter 136.21 - Drawing on financial assurance mechanisms
Chapter 136.22 - Release from the requirements
Chapter 136.23 - Bankruptcy or other incapacity of owner or operator or provider of financial assurance
Chapter 136.24 - Replenishment of guarantees, letters of credit, or surety bonds.
Kansas

(a) The statutory provisions include Kansas Statutes Annotated, 1992; Chapter 65, Public Health; Article 34, Kansas Storage Tank Act:

Section 100 Statement of legislative findings
Section 101 Citation of Act
Section 102 Definitions
Section 103 Exceptions to application of Act
Section 104 Notification
Section 105 Rules and regulations, except for 65-34, 105 (a)(2), (a)(8), (a)(11), (a)(12) and the following words in (a)(13), “and aboveground storage tanks in existence on July 1, 1992” and “and aboveground storage tanks placed in service prior to July 1, 1992”
Section 106 Permits to construct, install, modify, or operate storage tank, except for the following words in 65-34, 106(a), “and any aboveground storage tank registered with the department on July 1, 1992”
Section 107 Evidence of financial responsibility required; limitation of liability
Section 115 Liability for costs of corrective action
Section 118 Corrective action; duties of owners and operators; duties of Secretary; consent agreement; contents, except for the following words in 65-34, 118(b), “or from the aboveground fund if the release was from an aboveground petroleum storage tank.” and “or from the aboveground fund, if the release was from an aboveground petroleum storage tank.”

(b) The regulatory provisions include Kansas Administrative Regulations, 1992; Chapter 28, Department of Health and Environment; Article 44, Petroleum Products Storage Tanks:

Section 12 General provisions
Section 13 Program scope and interim prohibition
Section 14 Definitions
Section 15 Application for installation or modification of an underground storage tank
Section 16 Underground storage tank systems: design, construction, installation and notification
Section 17 Underground storage tank operating permit
Section 19 General operating requirements
Section 23 Release detection, except for 28-44-23(b)(5)
Section 24 Release reporting, investigation, and confirmation
Section 25 Release response and corrective action for underground storage tank systems containing petroleum or hazardous substances
Section 26 Out-of-service underground storage tank systems and closure
Section 27 Financial responsibility
Louisiana

(a) The statutory provisions include:

1. Louisiana Environmental Quality Act, Louisiana Revised Statutes Title 30
Section 2194 Underground Storage Tanks; Registration
Section 2195 Underground Storage Tank Trust Fund
Section 2195.1 Underground Motor Fuel Storage Tank Remediation Agreements
Section 2195.2 Uses of the Trust
Section 2195.3 Source of Funding; Limitations on Disbursements from the Trust; Limit on Amount in Trust
Section 2195.4 Procedures for Disbursements from the Fund Trust
Section 2195.6 Ownership of Trust
Section 2195.7 No Inference of Liability on the Part of the State
Section 2195.8 Advisory Board
Section 2195.9 Financial Responsibility
Section 2195.10 Voluntary Cleanup, Private Contracts; Exemptions

(b) The regulatory provisions include:

1. Louisiana Environmental Regulatory Code, Part XI: Underground Storage Tanks, Chapter 1 - Program Applicability and Definitions
Section 101 Applicability
Section 103 Definitions
2. Chapter 3 - Registration Requirements, Standards, and Fee Schedule
Section 301 Registration Requirements
Section 303 Standards for UST Systems
Section 305 Interim Prohibitions for Deferred UST Systems
Section 307 Fee Schedule
3. Chapter 5 - General Operating Requirements
Section 501 Spill and Overfill Control
Section 503 Operation and Maintenance of Corrosion Protection
Section 505 Compatibility
Section 507 Repairs Allowed
Section 509 Reporting and Recordkeeping
4. Chapter 7 - Methods of Release Detection and Release Reporting, Investigation, Confirmation, and Response
Section 701 Methods of Release Detection
Section 703 Requirements for Use of Release Detection Methods
Section 705 Release Detection Recordkeeping
Section 707 Reporting of Suspected Releases
Section 709 Investigation due to Off-site Impacts
Section 711 Release Investigation and Confirmation Steps
Section 713 Reporting and Cleanup of Spills and Overfills
Section 715 Release Response and Corrective Action for UST Systems Containing Petroleum or Hazardous Substances
5. Chapter 9 - Out-of-Service UST Systems and Closure
Section 901 Applicability to Previously Closed UST Systems
Section 903 Temporary Closure
Section 905 Permanent Closure and Changes-in-Service
Section 907 Assessing the Site at Closure or Changes-in-Service
6. Chapter 11 - Financial Responsibility
Section 1101 Applicability
Section 1103 Compliance Dates
Section 1105 Definition of Terms
Section 1107 Amount and Scope of Required Financial Responsibility
Section 1109 Allowable Mechanisms and Combinations of Mechanisms
Section 1111 Financial Test of Self-Insurance
Section 1113 Guarantee
Section 1115 Insurance and Risk Retention Group Coverage
Section 1117 Surety Bond
Section 1119 Letter of Credit
Section 1121 Use of the Underground Motor Fuel Storage Tank Trust
Section 1123 Trust Fund
Section 1125 Standby Trust Fund
Section 1127 Substitution of Financial Assurance Mechanisms by Owner or Operator
Section 1129 Cancellation or Nonrenewal by a Provider of Financial Assurance
Section 1131 Reporting by Owner or Operator
Section 1133 Recordkeeping
Section 1135 Drawing on Financial Assurance Mechanisms
Section 1137 Release from the Requirements
Section 1139 Bankruptcy or Other Incapacity of Owner or Operator or Provider of Financial Assurance
Section 1141 Replenishment of Guarantees, Letters of Credit, or Surety Bonds
Maine

The following is an informational listing of the state requirements incorporated by reference in part 282 of the Code of Federal Regulations:

(a) The statutory provisions include: Maine Revised Statutes Annotated, 1990, Tile 38. Subchapter 11-B Underground Oil Storage Facilities and Groundwater Protection.

Section 561 - Findings; Purpose
Section 562-A - Definitions
Section 563 - Registration of underground oil storage tanks
Section 563-A - Prohibition of nonconforming underground oil storage facilities and tanks
Section 563-B - Regulatory powers of department
Section 564 - Regulation of underground oil storage facilities
Section 566-A - Abandonment of underground oil storage facilities and tanks
Section 567 - Certification of underground tank installers
Section 568 - Cleanup and removal of prohibited discharges
Section 568-A - Fund coverage requirements
Section 568-B - Fund Insurance Review Board
Section 569-A - Ground water Oil Clean-up Fund
Section 570 - Liability

(b) The regulatory provisions include State of Maine, Department of Environmental Protection, Regulation for Registration, Installation, Operation and Closure of Underground Storage Facilities Chapter 691, September 16, 1991:

Section 1. Legal Authority
Section 2. Preamble
Section 3. Definitions
Section 4. Registration of Underground Oil Storage Tanks
Section 5. Regulation of Motor Fuel, Marketing & Distribution Facilities
A. Applicability
B. Design and Installation Standards for New and Replacement Facilities
C. Retrofitting Requirements for Existing Facilities
D. Monitoring, Maintenance, & Operating Procedures for Existing, New & Replacement Facilities & Tanks
E. Facility Closure and Abandonment
Section 7. Regulation of Facilities for the Underground Storage of Waste Oil
A. Applicability
B. Design and Installation Standards
C. Operation, Maintenance, Testing, Requirements for Existing, New and Replacement Facilities
D. Closure & Abandonment of Waste Oil Facilities
Section 8. Regulation of Field Constructed Underground Oil Storage Tanks
Section 10. Regulation of Pressurized Airport Hydrant Piping Systems
Section 11. Regulations for Closure of Underground Oil Storage Facilities
A. Facility Closure Requirements
B. Temporarily Out of Service Facilities and Tanks
C. Abandonment by Removal
D. Abandonment by Filling in Place
E. Notification Requirements
Section 12. Discharge and Leak Investigation, Response and Corrective Action Requirements
Section 13. Severability
Appendix A: Cathodic Protection Monitoring
Appendix B: Hydrostatic Piping Line Tightness Tests
Appendix C: Requirements for Pneumatic Testing
Appendix D: Installation of Underground Tanks
Appendix E: Installation for Underground Piping
Appendix F: Specification for Ground Water Vertical Monitoring Wells
Appendix H: Monitoring and Obtaining Samples for Laboratory Analysis
Appendix J: Requirements for Abandonment by Removal
Appendix K: Requirements for Abandonment in Place
Massachusetts

(a) The statutory provisions include: General Laws of Massachusetts, Chapter 148, Section 38, 38A, B, C, and E:

Chapter 148
Section 38 - Rules and Regulations
Section 38A - Prohibition of Removal of Certain Gasoline Tanks without Permit
Section 38B - Underground Storage Tanks; Definitions
Section 38C - Notification of Department of Public Health by Owners of Underground Storage Tanks
Section 38E - Regulations Governing Underground Storage Tanks
Massachusetts General Law, Chapter 21E, The Massachusetts Oil and Hazardous Materials Release Prevention and Response Act, July 1, 1992.
Section 1 - Title of Chapter
Section 2 - Definitions
Section 3 - Securing of benefits of FWPCA, CERCLA, etc. Massachusetts Contingency
Plan; promulgation of necessary regulations
Section 4 - Response actions to release or threatened release of oil or hazardous material; assessment, containment, and removal actions in accordance with Massachusetts contingency plan
Section 5 - Liability of release or threat of release of oil or hazardous material; apportionment of costs; treble damages; nullification of indemnification, hold harmless, or similar agreements
Section 6 - Prevention of control of release of hazardous materials; regulations of department; contingency plans; monitoring equipment
Section 7 - Notice of requirements; release or threat of release of oil or hazardous material; exceptions

(b) The regulatory provisions include: State of Massachusetts, Board of Fire Prevention Regulations, 527 CMR 9.00-9.02 and 9.05, 9.06(C)-(E), and 9.07(A)-(I) and (K)-(L) (effective July 3, 1993); and Massachusetts Environmental Protection Rules, 310 CMR 40.0000 Subparts A-O insofar as they pertain to underground storage tanks and are not broader in scope than the federal requirements, as set forth below:

(1) State of Massachusetts, Board of Fire Prevention Regulations, 527 CMR 9.00: Tanks and Containers, (effective July 3, 1993):

Section 9.01 - Purpose and Scope
Section 9.02 - Definitions
Section 9.05 - Underground Storage Tanks
Section 9.05(A)(1)-(3) and (5)-(8) - Design and Construction of New or Replacement Underground Tanks
Section 9.05(B) - Underground Piping
Section 9.05(C) - Underground Tank Installation
Section 9.05(D) - Leak Detection Equipment, Testing and/or Inventory Requirements for Underground Tanks
Section 9.05(E) - Inventory Methods for Underground Tanks
Section 9.05(F) - Testing for Tightness of Underground Storage Facilities
Section 9.05(G) - Upgrading of Existing Underground Storage Tank Systems
Section 9.06(C) - Upgrade of Existing Underground Waste Oil Storage Tank Systems
Section 9.06(D) - Product Transfer
Section 9.06(E) - Non-Flammable Hazardous Substances
Section 9.07 - General Provisions
Section 9.07(A) - Material and Construction of All Tanks and Containers
Section 9.07(B) - Fill and Vent Pipes for All Tanks and Containers
Section 9.07(C) - Piping for All Tanks
Section 9.07(D) - Pumping System
Section 9.07(E) - Pressure Vessels
Section 9.07(F) - Response to Leaks
Section 9.07(G) - Tank Repair and Relining
Section 9.07(H) - Tanks Abandoned and Temporarily Out of Service
Section 9.07(I) - Tank Removal
Section 9.07(K) - Permits
Section 9.07(L) - Financial Responsibility Requirements

(2) Massachusetts Environmental Protection Rules, 310 CMR, Section 40.000, Massachusetts Contingency Plan, (effective October 1, 1993) only insofar as they pertain to the regulation of underground storage tanks in Massachusetts and only insofar as they are incorporated by reference and are not broader in scope than the federal requirements. Note that reserved sections of 310 CMR 40.0000 et seq. are not incorporated by reference:

Subpart A - General Provisions
Subpart B - Organization and Responsibility
Subpart C - Notification of Releases and Threats of Release of Oil and Hazardous Material; Identification and Listing of Oil and Hazardous Materials
Subpart D - Preliminary Response Action and Risk Reduction Measures
Subpart E - Tier Classification and Response Action Deadlines
Subpart F - Transition Provisions
Subpart G - Tier I Permits
Subpart H - Comprehensive Response Action
Subpart I - Risk Characterization
Subpart J - Response Action Outcomes
Subpart K - Audits and Compliance Assistance
Subpart L - Cost Recovery, Lien Hearings and Petitions for Reimbursement of Incurred Costs
Subpart M - Administrative Record
Subpart N - Public Involvement and Technical Grants
Subpart O - Numerical Ranking System and Scoring Instructions
Minnesota

(a) The statutory provisions include:

(1)Minnesota Statutes, Chapter 13, Government Data Practices

M. S. 13.01 Government Data
M. S. 13.02 Collection, security, and dissemination of records; definitions
M. S. 13.03 Access to government data
M. S. 13.04 Rights of subjects of data
M. S. 13.05 Duties of responsible authority
M. S. 13.06 Temporary classification
M. S. 13.07 Duties of the commissioner
M. S. 13.3806 Public health data coded elsewhere; subd. 1-3, 6, 10, 20: Scope; Certain epidemiologic studies; Public health studies; Health records; Health threat procedures; Hazardous substance exposure
M. S. 13.741 Pollution control; environmental quality data
M. S. 13.7411 Pollution control and environmental quality data coded elsewhere; subd. 1-3, 5-7: Scope; Environmental audits, performance schedules; Office of environmental assistance; Environmental response and liability; Petroleum tank release; Toxic pollution prevention plans

(2)Minnesota Statutes, Chapter 115, Water Pollution Control; Sanitary Districts

M. S. 115.01 Definitions
M. S. 115.061 Duty to notify and avoid water pollution

(3)Minnesota Statutes, Chapter 115B, Environmental Response and Liability

M. S. 115B.17 State Response to Releases; subd. 1-3, 12-14: Removal and remedial action; Other actions; Cleanup standards; Public notice of proposed response actions; Duty to provide information; Authorization of certain response actions; Priorities; rules; Requests for review, investigation, and oversight

(4)Minnesota Statutes, Chapter 115C, Petroleum Tank Release Cleanup

M. S. 115C.01 Citation
M. S. 115C.02 Definitions
M. S. 115C.021 Responsible person
M. S. 115C.03 Response to releases [except subd. 10 insofar as it applies to contractors and consultants, who are not regulated under the federal program.]
M. S. 115C.06 Effect on other law
M. S. 115C.07 Petroleum tank release compensation board
M. S. 115C.08 Petroleum tank fund [except subd. 3, which imposes a petroleum tank release cleanup fee on petroleum distributors]
M. S. 115C.09 Reimbursement [except subd. 5(b) and 6, which set forth enforcement authorities]
M. S. 115C.092 Tank Removals; Payment for pre-removal site assessment

(5)Minnesota Statutes, Chapter 115E, Oil and Hazardous Substance Discharge Preparedness

M. S. 115E.01 Definitions
M. S. 115E.02 Duty to prevent discharges

(6)Minnesota Statutes, Chapter 116, Pollution Control Agency

M. S. 116.06 Definitions
M. S. 116.46 Definitions [except subd. 8, insofar as it includes vessels, enclosures, or structures - which are exempt from the federal program - in the definition of UST.]
M. S. 116.47 Exemptions [except insofar as paragraph (2) does not exclude from regulation tanks of 1,100 gallon capacity or more used to store heating oil for consumptive purposes]
M. S. 116.48 Notification requirements [except subd. 1(b), insofar as it requires owners of aboveground storage tanks (ASTs) to notify the agency of the tank's status; subd. 2 and 6, insofar as they impose requirements on owners of ASTs; subd. 3, insofar as it imposes notification requirements on owners of ASTs removing a tank from service or changing the tank's service; subd. 4, insofar as it places notification requirements on persons transferring the title to regulated substances to be placed directly into an UST; and subd. 5, insofar as it imposes notification requirements on sellers of ASTs.]
M. S. 116.49 Environmental protection requirements

(7)Minnesota Statutes, Chapter 299F, Fire Marshal

M. S. 299F.011 Uniform Fire Code; adoption; subd. 1, 3, 4: Authority; Rules for code administration and enforcement; Applicability; local authority
M. S. 299F.19 Flammable liquids and explosives; subd. 1: Rules

(b) The regulatory provisions include:

(1)Minnesota Rules, Chapter 2890, Petroleum Tank Releases

2890.0010 Definitions
2890.0060 Reimbursement of Costs
2890.0065 Reduction of Reimbursement Amount
2890.0070 Eligible Costs
2890.0071 Ineligible Costs
2890.0072 Overview of Rules Governing Reasonableness of Costs for Consultant Services
2890.0073 Definitions Related to Consultant Services
2890.0074 Written Proposal and Invoice Required for Consultant Services
2890.0075 Reasonableness of Work Performed; Standard Tasks for Each Step of Consultant Services
2890.0076 Maximum Costs for Consultant Services
2890.0077 Competitive Bidding Requirements for Consultant Services Proposals
2890.0078 Deviations from Standard Tasks and Maximum Costs for Consultant Services
2890.0079 Reasonable, Necessary, and Actual Consultant Services Costs
2890.0080 Overview of Rules Governing Reasonableness of Costs for Contractor Services
2890.0081 Definitions Related to Contractor Services
2890.0082 Maximum Costs for Contractor Services
2890.0083 Competitive Bidding Requirements for Contractor Services
2890.0084 Deviations from Maximum Costs for Contractor Services
2890.0085 Reasonable, Necessary, and Actual Costs
2890.0086 Invoice
2890.0089 Exemptions from Competitive Bidding
2890.0090 Application Process
2890.0120 Funding of MPCA Actions

(2)Minnesota Rules, Chapter 7045 - Minnesota Pollution Control Agency, Hazardous Waste Division, Hazardous Waste

7045.0275 Management of Hazardous Waste Spills

(3)Minnesota Rules, Chapter 7060-Minnesota Pollution Control Agency, Water Quality Division, Underground Waters

7060.0300 Definitions
7060.0500 Nondegradation Policy
7060.0600 Standards; subp. 2, 3, 4: Prohibition against discharge into unsaturated zone; Control measures; Toxic pollutants
7060.0800 Determination of Compliance

(4)Minnesota Rules, Chapter 7105-Minnesota Pollution Control Agency, Water Quality Division, Underground Storage Tanks: Training

7105.0010 Definitions [except subp. 25, insofar as it includes vessels, enclosures, and structures - which are exempt from the federal program - in the definition of UST.]
7105.0020 Purpose
7105.0030 General Provisions; subp. 3: Tank owner or operator requirements
7105.0040 Exclusions [except insofar as it does not exclude from regulation heating oil storage tanks with a storage capacity of greater than 1,100 gallons.]

(5)Minnesota Rules, Chapter 7150 - Minnesota Pollution Control Agency, Water Quality Division, Underground Storage Tanks Program

7150.0010 Applicability [except subp. 2, insofar as it does not exclude from regulation liquid traps or associated gathering lines directly related to oil or gas production or gas production and gathering operations; subp. 2(H), insofar as it does not exclude from regulation tanks of 1,100 gallons or more used exclusively for storing heating oil for consumptive use; and subp. 5, insofar as it does not exclude owners and operators of heating oil storage tanks with a storage capacity of greater than 1,100 gallons from notification requirements.]
7150.0020 Interim Standards for Deferred Underground Storage Tank Systems
7150.0030 Definitions [except subp. 51, insofar as it includes vessels, enclosures, and structures - which are exempt from the federal program - in the definition of underground storage tanks]
7150.0100 Performance Standards for New Underground Storage Tank Systems
7150.0110 Upgrading of Existing Underground Storage Tank Systems
7150.0120 Notification Requirements
7150.0200 Spill and Overfill Control
7150.0210 Operation and Maintenance of Corrosion Protection
7150.0220 Compatibility
7150.0230 Repairs Allowed
7150.0240 Reporting and Recordkeeping
7150.0300 General Requirements for All Underground Storage Tank Systems [except subp. 3, insofar as it imposes release detection schedule requirements on hazardous material tanks not regulated under the federal program]
7150.0310 Requirements for Petroleum Underground Storage Tank Systems
7150.0320 Requirements for Hazardous Material Underground Storage Tank Systems
7150.0330 Methods of Release Detection for Tanks
7150.0340 Methods of Release Detection for Piping
7150.0350 Release Detection Recordkeeping
7150.0400 Temporary Closure
7150.0410 Permanent Closure and Changes-in-Service to Storage of Nonregulated Substances
7150.0420 Assessing the Site at Closure or Change in Service
7150.0430 Applicability to Previously Closed Underground Storage Tank Systems
7150.0440 Closure Records

(6)Minnesota Rules, Chapter 7510 - Department of Public Safety, Fire Marshal Division, Fire Safety

7510.3670 Liquefied Petroleum Gases; Section 8203: Installation of containers [except insofar as it regulates ASTs]
Mississippi

(a) The statutory provisions include:

1. Mississippi Code of 1972, Title 49, Sections 49-17-401 through 49-17-435, Underground Storage Tank Act of 1988, as amended.
49-17-401 Short title
49-17-403 Definitions
49-17-405 Groundwater protection fund; duties of executive director; liability of tank owners; limitation on provisions of chapter and section
49-17-407 Environmental protection fee on motor fuels; deposit of fees; limits on use of fund; third party claims
49-17-409 Reports of contamination incidents; no recourse against tank owner; exceptions
49-17-411 Compliance with regulations
49-17-413 Rules and Regulations
49-17-417 Groundwater protection advisory committee
49-17-419 Authority of commission to take timely and effective corrective action; use of funds from pollution emergency fund
49-17-421 Tank regulatory fee
49-17-423 Commission to administer funds from Leaking Underground Storage Tank Trust Fund
49-17-425 Disclosure of records, reports, and information
49-17-433 Savings clause
49-17-435 Annual report on status of underground storage tank program

(b) The regulatory provisions include:

1. Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks.
Subpart A - Program Scope and Interim Prohibition
280.10 Applicability
280.11 Interim Prohibition for deferred UST systems
280.12 Definitions
Subpart B - UST Systems: Design, Construction, Installation, and Notification
280.20 Performance standards for new UST systems
280.21 Upgrading of existing UST systems
280.22 Notification requirements
Subpart C - General Operating Requirements
280.30 Spill and overfill control
280.31 Operation and maintenance of corrosion protection
280.32 Compatibility
280.33 Repairs allowed
280.34 Reporting and recordkeeping
Subpart D - Release Detection
280.40 General requirements for all UST systems
280.41 Requirements for petroleum UST systems
280.42 Requirements for hazardous substance UST systems
280.43 Methods of release detection for tanks
280.43 Methods of release detection for piping
280.44 Release detection recordkeeping
Subpart E - Release Reporting, Investigation, and Confirmation
280.50 Reporting of suspected releases
280.51 Investigation due to off-site impacts
280.52 Release investigation and confirmation steps
280.53 Reporting and cleanup of spills and overfills
Subpart F - Release Response and Corrective Action for UST Systems Containing Petroleum or Hazardous Substances
280.60 General
280.61 Initial response
280.62 Initial abatement measures and site check
280.63 Initial site characterization
280.64 Free product removal
280.65 Investigations for soil and groundwater cleanup
280.66 Corrective action plan
280.67 Public participation
Subpart G - Out-of-Service UST Systems and Closure
280.70 Temporary closure
280.71 Permanent closure and changes-in-service
280.72 Assessing the site at closure or change-in-service
280.73 Applicability to previously closed UST systems
280.74 Closure records
2. Financial Responsibility Requirements for Underground Storage Tanks Containing Petroleum.
280.90 Applicability
280.91 Compliance dates
280.92 Definition of terms
280.93 Amount and scope of required financial responsibility
280.94 Allowable mechanisms and combinations of mechanisms
280.95 Financial test of self-insurance
280.96 Guarantee
280.97 Insurance and risk retention group coverage
280.98 Surety bond
280.99 Letter of credit
280.100 Use of state-required mechanism
280.101 State fund or other state assurance
280.102 Trust fund
280.103 Standby trust fund
280.104 Substitution of financial assurance mechanisms by owner or operator
280.105 Cancellation or nonrenewal by a provider of financial assurance
280.106 Reporting by owner or operator
280.107 Recordkeeping
280.108 Drawing on financial assurance mechanisms
280.109 Release from the requirements
280.110 Bankruptcy or other incapacity of owner or operator or provider of financial assurance
280.111 Replenishment of guarantees, letters of credit, or surety bonds
3. Mississippi Groundwater Protection Trust Fund Regulations.
Section I General Intent
Section II Legal Authority
Section III Definitions
Section XIV Eligibility for Reimbursement from the Mississippi Groundwater Protection Trust Fund
Section XV Reimbursable Costs
Section XVI Funds Disbursement
Section XVII Third Party Claims
Section XVIII Denial of Claims
Section XIX Tank Regulatory Fees
Section XXI Property Rights
Nevada

(a) The statutory provisions include:

(1) Nevada Revised Statute Chapter 459, Underground Storage Tank Program (1992), Nevada Revised Statute 590, Petroleum Fund (1991).

(2) Nevada Revised Statute Chapter 459, Underground Storage Tank Program (1992):

Section 459.810 “Operator” defined.
Section 459.814 “Person” defined.
Section 459.816 “Regulated Substance” defined.
Section 459.818 “Release” defined.
Section 459.820 “Storage Tanks” defined.
Section 459.822 Department designated as state agency for regulation of storage tanks.
Section 459.828 Owner or operator of storage tank to provide department with certain information.
Section 459.838 Fund for the management of storage tanks: Creation: Sources: Claims.
Section 459.840 Fund for the management of storage tanks: Use; reimbursement; recovery by attorney general.

(3) Nevada Revised Statute 590, Petroleum Fund (1991):

Section 590.700 Definitions.
Section 590.710 “Board” defined.
Section 590.720 “Department” defined.
Section 590.725 “Diesel fuel of grade number 1” defined.
Section 590.726 “Diesel fuel of grade number 2” defined.
Section 590.730 “Discharge” defined.
Section 590.740 “Division” defined.
Section 590.750 “Fund” defined.
Section 590.760 “Heating oil” defined.
Section 590.765 “Motor vehicle fuel” defined.
Section 590.770 “Operator” defined.
Section 590.780 “Person” defined.
Section 590.790 “Petroleum” defined.
Section 590.800 “Storage tank” defined.
Section 590.810 Legislative findings.
Section 590.820 Board to review claims: Creation; members; chairman; administrative Assistance; compensation of members.
Section 590.830 Fund for cleaning up discharges of petroleum: Creation; administration by division; claims; interest.
Section 590.840 Collection of fee for certain fuels and heating coil; exempt products; payment of expenses of department.
Section 590.850 Registration of storage tanks: Collection of annual fee; exempt tanks; liability for noncompliance.
Section 590.860 Balance in fund to determine collection of fees by department.
Section 590.870 Report of discharge from tank required; division to clean up discharge; expectation; test of tank required for coverage.
Section 590.880 Allocation of costs resulting from discharge from certain storage tanks for heating oil.
Section 590.890 Allocation of costs resulting from discharge from other storage tanks.
Section 590.900 Liability for costs to clean up discharge caused by willful or wanton misconduct, gross negligence or violation of statute or regulation.
Section 590.910 Pro rata reduction required, if balance in fund insufficient for full payment.
Section 590.920 Tanks exempted from provisions of Sections 590.850 to 590.910 inclusive; optional coverage of exempted tank.

(4) Nevada Civil Procedure, Rule 24 (1971):

Nevada Civil Procedure, Rule 24 .

(b) The regulatory provisions includes:

(1) Nevada Administrative Code 459, UST Program (1990):

Section 459.9929 “Storage Tank” defined.
Section 459.993 Compliance with federal regulations.
Section 459.995 Financial responsibility of owners and operators.
Section 459.996 Releases: Reporting.

(2) Nevada Administrative Code 590, Petroleum Fund (1991):

Section 590.720 Adoption by reference of provisions of Code of Federal Regulations.

(3) Nevada Administrative Code, Reportable Quantities (1989):

Section 445.240 Notice required.
New Hampshire

(a) The statutory provisions include New Hampshire Revised Statutes Annotated 1955, 1990 Replacement Edition, and 1992 Cumulative Supplement, Chapter 146-C, Underground Storage Facilities:

Section 146-C:1 Definitions, except for the following words in 146-C:1. XII, “heating or.”
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:5 Records Required; Inspections.
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:9 Rulemaking.
Section 146-C:11 Liability for Cleanup Costs; Municipal Regulations.
Section 146-C:12 Federal Assistance and Private Funds.

(b) The regulatory provisions include:

(1) New Hampshire Code of Administrative Rules (November 1990) Part Env-Ws 411, Control of Underground Storage Facilities:

Section 411.01 Purpose, except for the following words, “heating oils.”
Section 411.02 Applicability, except for 411.02(d).
Section 411.03 Definitions.
Section 411.04 Registration.
Section 411.05 Change in Use.
Section 411.06 Information Required for Registration.
Section 411.07 Permit to Operate.
Section 411.08 Transfer of Facility Ownership.
Section 411.10 Financial Responsibility.
Section 411.11 Inventory Monitoring.
Section 411.12 Regulated Substance Transfers.
Section 411.13 Tightness Testing.
Section 411.14 Certification of Technicians Performing Tightness Tests.
Section 411.15 Tightness Test Failures.
Section 411.16 Unusual Operating Conditions.
Section 411.17 Temporary Closure.
Section 411.18 Permanent Closure.
Section 411.19 Prohibition Against Reusing Tanks.
Section 411.20 Requirements for Approval of Underground Storage Systems.
Section 411.21 Tank Standards for New Underground Storage Systems.
Section 411.22 Piping Standards for New Underground Storage Systems.
Section 411.23 Secondary Containment for New Tanks.
Section 411.24 Secondary Containment for New Pressurized Piping.
Section 411.25 Spill Containment and Overfill Protection.
Section 411.26 Leak Monitoring for New Tanks.
Section 411.27 Leak Monitoring for New Underground Piping Systems.
Section 411.28 Installation of New Underground Storage Systems.
Section 411.29 Release Detection for Tanks Without Secondary Containment and Leak Monitoring, except for the following words in 411.29(a), “With the exception of on premise use heating oil systems.”
Section 411.30 Release Detection for Piping.
Section 411.31 Operation of Leak Monitoring Equipment.
Section 411.32 Corrosion Protection for Steel Tanks.
Section 411.33 Corrosion Protection for Piping.
Section 411.34 Submission of Corrosion Protection Plan.
Section 411.35 Relining Steel Tanks.
Section 411.36 Repair of Fiberglass-Reinforced Plastic Tanks.
Section 411.37 Repair and Replacement of Piping Systems.
Section 411.38 Field Fabricated Tanks.
Section 411.39 Secondary Containment for Hazardous Substance Systems.
Section 411.40 Waivers.

(2) New Hampshire Code of Administrative Rules (November 1990) Part Env-Ws 412, Reporting and Remediation of Oil Discharges:

Section 412.01 Purpose.
Section 412.02 Applicability.
Section 412.03 Definitions.
Section 412.04 Notification.
Section 412.05 Initial Response Action.
Section 412.06 Abatement Measures.
Section 412.07 Free Product Removal.
Section 412.08 Initial Site Characterization.
Section 412.09 Investigation Due to Discovery of Discharges from Unknown Sources.
Section 412.10 Site Investigation.
Section 412.11 Site Investigation Report.
Section 412.12 Remedial Action Plan.
Section 412.13 Public Notification.
Section 412.14 Waivers.
New Mexico

(a) The statutory provisions include:

1. New Mexico Statutes 1978 Annotated, Chapter 74, Environmental Improvement (1993 Replacement Pamphlet and 1994 Supplement)
a. Article 4: Hazardous Wastes
74-4-1 Short Title
74-4-2 Purpose
74-4-3 Definitions
74-4-3.1 Application of Act
74-4-3.3 Hazardous Wastes of Other States
74-4-4 Duties and Powers of the Board
74-4-4.1 Hazardous Agricultural Waste; Duties and Responsibilities of the Department of Agriculture
74-4-4.4 Underground Storage Tanks; Registration; Installer Certification; Fees [Except insofar as it applies to individuals other than UST owners and operators.]
74-4-4.5 Hazardous Waste Fund Created; Appropriation
74-4-4.7 Permit Applicant Disclosure
74-4-4.8 Underground Storage Tank Fund Created; Appropriation
74-4-5 Adoption of Regulations; Notice and Hearing
74-4-7 Containment and Cleanup of Hazardous Substance Incidents; Division Powers
74-4-8 Emergency Fund
74-4-9 Existing Hazardous Waste Facilities; Interim Status
74-4-10.1 Hazardous Waste Monitoring; Analysis and Testing
b. Article 6: Water Quality
74-6-1 Short Title
74-6-2 Definitions
74-6-3 Water Quality Control Commission Created
74-6-3.1 Legal Advice
74-6-4 Duties and Powers of Commission
74-6-5 Permits; Certification; Appeals to Commission
74-6-5.1 Disclosure Statements
74-6-5.2 Water Quality Management Fund Created
74-6-6 Adoption of Regulations and Standards; Notice and Hearing
74-6-8 Duties of Constituent Agencies
74-6-9 Powers of Constituent Agencies
74-6-12 Limitations
74-6-13 Construction
74-6-14 Recompiled
74-6-15 Confidential Information; Penalties
74-6-16 Effect and Enforcement of Water Quality Act During Transition
74-6-17 Termination of Agency Life; Delayed Repeal
c. Article 6B: Ground Water Protection
74-6B-1 Short Title
74-6B-2 Findings; Purpose of Act
74-6B-3 Definitions
74-6B-4 Underground Storage Tank Committee; Creation; Terms; Powers and Duties
74-6B-6 Civil Liability for Damage to Property from Leaking Underground Storage Tank
74-6B-7 Corrective Action Fund Created; Authorization for Expenditures
74-6B-8 Liability; Cost Recovery
74-6B-9 Underground Storage Tank Fee; Deposit in Underground Storage Tank Fund
74-6B-10 Act Does not Create Insurance Company or Fund
74-6B-12 Early Response Team Created
74-6B-13 Payment Program
74-6B-14 State Liability; Insufficient Balance in the Fund

(b) The regulatory provisions include:

1. State of New Mexico Environmental Improvement Board Underground Storage Tank Regulations
a. Part I: General Provisions
Section 100 Purpose
Section 101 Legal Authority
Section 102 Definitions
Section 103 Applicability
b. Part II: Registration of Tanks
Section 200 Existing Tanks
Section 201 Transfer of Ownership
Section 202 New UST System
Section 203 Substantially Modified UST Systems
Section 204 Notification of Spill or Release
Section 205 Emergency Repairs and Tank Replacement
Section 206 Application Forms
Section 207 Registration Certificate
c. Part III: Annual Fee
Section 300 Payment of Fee
Section 301 Amount of Fee
Section 302 Late Payment Penalties
d. Part IV: New and Upgraded UST Systems: Design, Construction, and Installation
Section 400 Performance Standards for New UST Systems
Section 401 Upgrading of Existing UST Systems
Section 402 Certificate of Compliance; Notification Requirements
e. Part V: General Operating Requirements
Section 500 Spill and Overfill Control
Section 501 Operation and Maintenance of Corrosion Protection
Section 502 Compatibility
Section 503 Repairs Allowed
Section 504 Reporting and Recordkeeping
Section 505 Inspections, Monitoring and Testing
f. Part VI: Release Detection
Section 600 General Requirements for All UST Systems
Section 601 Requirements for Petroleum UST Systems
Section 602 Requirements for Hazardous Substance UST Systems
Section 603 Methods of Release Detection for Tanks
Section 604 Methods of Release Detection for Piping
Section 605 Release Detection Recordkeeping
g. Part VII: Release Reporting, Investigation, and Confirmation
Section 700 Reporting of Suspected Releases
Section 701 Investigation Due to Off-Site Impacts
Section 702 Release Investigation and Confirmation Steps
Section 703 Reporting and Cleanup of Spills and Overfills
h. Part VIII: Out-of-Service Systems and Closure
Section 800 Temporary Closure
Section 801 Permanent Closure and Changes-in-Service
Section 802 Assessing the Site at Closure or Change-in-Service
Section 803 Applicability to Previously Closed UST Systems
Section 804 Closure Records
i. Part IX: Financial Responsibility
Section 900 Applicability
Section 901 Compliance Dates
Section 902 Definition of Terms
Section 903 Amount and Scope of Required Financial Responsibility
Section 904 Allowable Mechanisms and Combinations of Mechanisms
Section 905 Financial Test of Self-Insurance
Section 906 Guarantee
Section 907 Insurance and Risk Retention Group Coverage
Section 908 Surety Bond
Section 909 Letter of Credit
Section 910 Use of State-Required Mechanism
Section 911 State Fund or Other State Assurance
Section 912 Trust Fund
Section 913 Standby Trust Fund
Section 914 Substitution of Financial Assurance Mechanisms by Owner or Operator
Section 915 Cancellation or Nonrenewal by a Provider of Financial Assurance
Section 916 Reporting by Owner or Operator
Section 917 Recordkeeping
Section 918 Drawing on Financial Assurance Mechanisms
Section 919 Release from the Requirements
Section 920 Bankruptcy or Other Incapacity of Owner or Operator or Provider of Financial Assurance
Section 921 Replenishment of Guarantees, Letters of Credit, or Surety Bonds
Section 922 Suspension of Enforcement [Reserved]
j. Part XI: Miscellaneous
Section 1100 Compliance with Other Regulations
Section 1101 Construction
Section 1102 Severability
k. Part XII: Corrective Action for UST Systems Containing Petroleum
Section 1200 General
Section 1201 Definitions
Section 1202 Initial Response
Section 1203 Initial Abatement
Section 1204 72 Hour and 7 Day Reporting Requirements
Section 1205 On-Site Investigation
Section 1206 Report on the On-Site Investigation
Section 1207 Split Samples and Sampling Procedures
Section 1208 Free Product Removal
Section 1209 Treatment of Highly Contaminated Soils
Section 1210 Hydrogeologic Investigation
Section 1211 Review and Approval of Hydrogeologic Investigation
Section 1212 Reclamation Proposal
Section 1213 Public Notice of Reclamation Proposal
Section 1214 Review and Approval of Reclamation Proposal
Section 1215 Implementation of Reclamation Proposal
Section 1216 Quarterly Reports
Section 1217 Evaluation of Corrective Action System
Section 1218 Modification of Reclamation Proposal
Section 1219 Termination of Reclamation
Section 1220 Technical Infeasibility for Completion of Reclamation
Section 1221 Request for Extension of Time
Section 1222 Request for Variance
l. Part XIII: Corrective Action for UST Systems Containing Other Regulated Substances
Section 1300 General
Section 1301 Definitions
Section 1302 Initial Response
Section 1303 Initial Abatement
Section 1304 72 Hour and 7 Day Reporting Requirements
Section 1305 On-Site Investigation
Section 1306 Report on the On-Site Investigation
Section 1307 Split Samples and Sampling Procedures
Section 1308 Hydrogeologic Investigation
Section 1309 Review and Approval of Hydrogeologic Investigation
Section 1310 Reclamation Proposal
Section 1311 Public Notice of Reclamation Proposal
Section 1312 Review and Approval of Reclamation Proposal
Section 1313 Implementation of Reclamation Proposal
Section 1314 Quarterly Reports
Section 1315 Evaluation of Corrective Action System
Section 1316 Modification of Reclamation Proposal
Section 1317 Termination of Reclamation
Section 1318 Additional Water Quality Standards
Section 1319 Request for Extension of Time
Section 1320 Request for Variance
m. Part XV: Ground Water Protection Act Regulations
Section 1500 Purpose
Section 1501 Legal Authority
Section 1502 Definitions
Section 1503 Construction
Section 1504 Permissible Fund Expenditures
Section 1505 Priorities for Fund Expenditures
Section 1506 Site-Specific Allocation of Fund Monies
Section 1507 Reserved and Dedicated Fund Monies
Section 1508 Minimum Site Assessment
2. Corrective Action Fund Payment and Reimbursement Regulations
a. Part I: General Provisions
Section 101 Authority
Section 102 Purpose
Section 103 Applicability
Section 104 Definitions
b. Part II: Compliance Determinations
Section 201 General
Section 202 Determination of Compliance under Section 74-6B-8
Section 203 Compliance Determination Following Written Submission
c. Part III: Eligible and Ineligible Costs
Section 301 Minimum Site Assessment
Section 302 Corrective Action
d. Part IV: Application, Payment, and Reimbursement
Section 401 Application, Payment, and Reimbursement Process
e. Part V: Administrative Review
Section 501 Review by the Director on Written Submittal
Section 502 Request for Hearing on Determinations of Compliance and Cost Eligibility
Section 503 Notice of Docketing and Hearing Officer Assignment; Motions; Prehearing Procedures and Discovery; Hearing and Post-Hearing Procedures
f. Part VI: Miscellaneous Provisions
Section 601 Liberal Construction
Section 602 Severability
Section 603 Compliance
North Carolina

(a) The statutory provisions include:

General Statutes of North Carolina, Chapter 143 - State Departments, Institutions, and Commissions; Article 21A, Oil Pollution and Hazardous Substances Control
§ 143-215.75 Title
§ 143-215.76 Purpose
§ 143-215.77 Definitions
§ 143-215.77A Designation of hazardous substances and determination of quantities which may be harmful
§ 143-215.78 Oil pollution control program
§ 143-215.80 Confidential information
§ 143-215.81 Authority supplemental
§ 143-215.82 Local ordinances
§ 143-215.83 Discharges (Except insofar as (c) addresses permit requirements.)
§ 143-215.84 Removal of prohibited discharges
§ 143-215.85 Required notice
§ 143-215.86 Other State agencies and State-designated local agencies
§ 143-215.87 Oil or Other Hazardous Substances Pollution Protection Fund
§ 143-215.88 Payment to State agencies or State-designated local agencies
§ 143-215.89 Multiple liability for necessary expenses
§ 143-215.90 Liability for damage to public resources
§ 143-215.93 Liability for damage caused
§ 143-215.93A Limitation on liability of persons engaged in removal of oil discharges
§ 143-215.94A Definitions (Except insofar as .94A(2) subjects certain heating oil tanks and the piping connected to otherwise excluded tanks to the regulatory requirements.)
§ 143-215.94B Commercial Leaking Petroleum Underground Storage Tank Cleanup Fund
§ 143-215.94D Noncommercial Leaking Petroleum Underground Storage Tank Cleanup Fund
§ 143-215.94E Rights and obligations of the owner and operator
§ 143-215.94G Authority of the Department to engage in cleanups; actions for fund reimbursement (Except insofar as (e) outlines enforcement authorities.)
§ 143-215.94H Financial responsibility
§ 143-215.94I Insurance pools authorized; requirements
§ 143-215.94J Limitation of liability of the State of North Carolina
§ 143-215.94L Adoption of rules; administrative procedure; short title; miscellaneous provisions
§ 143-215.94M Reports
§ 143-215.94N Applicability
§ 143-215.94O Petroleum Underground Storage Tank Funds Council
§ 143-215.94P Groundwater Protection Loan Fund
§ 143-215.94T Adoption and implementation of regulatory program
§ 143-215.94V Standards for petroleum underground storage tank cleanup

(b) The regulatory provisions include:

North Carolina Administrative Code, Title 15A - Department of Environment and Natural Resources; Chapter 2, Subchapter 2L: Groundwater Classification and Standards
1. Section .0100 General Considerations
.0101 Authorization
.0102 Definitions
.0103 Policy
.0104 Restricted Designation (RS)
.0105 Adoption by Reference (Repealed)
.0106 Corrective Action
.0107 Compliance Boundary
.0108 Review Boundary
.0109 Delegation
.0110 Monitoring
.0111 Reports
.0112 Analytical Procedures
.0113 Variance
.0114 Notification Requirements
.0115 Risk-Based Assessment and Corrective Action for Petroleum Underground Storage Tanks
2. Section .0200 Classifications and Groundwater Quality Standards
.0201 Groundwater Classifications
.0202 Groundwater Quality Standards
3. Section .0300 Assignment of Underground Water Classifications
.0301 Classifications: General
.0302 Statewide
.0303 Broad River Basin
.0304 Cape Fear River Basin
.0305 Catawba River Basin
.0306 Chowan River Basin
.0307 French Broad River Basin
.0308 Hiwassee River Basin
.0309 Little Tennessee River Basin
.0310 Savannah River Basin
.0311 Lumber River Basin
.0312 Neuse River Basin
.0313 New-Watauga River Basin
.0314 Pasquotank River Basin
.0315 Roanoke River Basin
.0316 Tar Pamlico River Basin
.0317 White Oak River Basin
.0318 Yadkin-Pee Dee River Basin
.0319 Reclassification
North Carolina Administrative Code, Title 15A - Department of Environment and Natural Resources; Chapter 2, Subchapter 2N, Underground Storage Tanks
1. Section .0100 General Provisions
.0101 General (Except insofar as .0101(c) provides inspection and enforcement authority.)
.0102 Copies of referenced Federal regulations
.0103 Adoption by reference updates
.0104 Identification of tanks
2. Section .0200 Program Scope and Interim Prohibition
.0201 Applicability (Except insofar as it subjects USTs containing de minimis concentrations of regulated substances to closure requirements)
.0202 Interim prohibition for deferred UST systems
.0203 Definitions
3. Section .0300 UST Systems: Design, Construction, Installation, and Notification
.0301 Performance standards for new UST systems
.0302 Upgrading of existing UST systems
.0303 Notification requirements
4. Section .0400 General Operating Requirements
.0401 Spill and overfill control
.0402 Operation and maintenance of corrosion protection
.0403 Compatibility
.0404 Repairs allowed
.0405 Reporting and recordkeeping
5. Section .0500 Release Detection
.0501 General requirements for all UST systems
.0502 Requirements for petroleum UST systems
.0503 Requirements for hazardous substance UST systems
.0504 Methods of release detection for tanks
.0505 Methods of release detection for piping
.0506 Release detection recordkeeping
6. Section .0600 Release Reporting, Investigation, and Confirmation
.0601 Reporting of suspected releases
.0602 Investigation due to off-site impacts
.0603 Release investigation and confirmation steps
.0604 Reporting and cleanup of spills and overfills
7. Section .0700 Release Response and Corrective Action for UST Systems Containing Petroleum or Hazardous Substances
.0701 General
.0702 Initial response
.0703 Initial abatement measures and site check
.0704 Initial site characterization
.0705 Free product removal
.0706 Investigations for soil and ground water cleanup
.0707 Corrective action plan
.0708 Public participation
8. Section .0800 Out-of-Service UST Systems and Closure
.0801 Temporary closure
.0802 Permanent closure and changes-in-service (Except insofar as it subjects USTs containing de minimis concentrations of regulated substances to closure requirements)
.0803 Assessing the site at closure or change-in-service
.0804 Applicability to previously closed UST systems
.0805 Closure records
North Carolina Administrative Code, Title 15A - Department of Environment and Natural Resources; Chapter 2, Subchapter 2O: Financial Responsibility Requirements for Owners and Operators of Underground Storage Tanks
1. Section .0100 General Considerations
.0101 General (Except insofar as .0101(c) provides inspection and enforcement authority.)
.0102 Copies of referenced Federal regulations
.0103 Substituted sections
2. Section .0200 Program Scope
.0201 Applicability
.0202 Compliance dates
.0203 Definitions (Except insofar as (b)(1) defines “annual operating fee”)
.0204 Amount and scope of required financial responsibility
3. Section .0300 Assurance Mechanisms
.0301 Allowable mechanisms and combinations of mechanisms
.0302 Self insurance
.0303 Guarantee
.0304 Insurance and risk retention group coverage
.0305 Surety bond
.0306 Letter of credit
.0307 Standby trust fund
.0308 Insurance pools
.0309 Substitution of financial assurance mechanisms
.0310 Cancellation or nonrenewal by a provider of assurance
4. Section .0400 Responsibilities of Owners and Operators
.0401 Reporting by owner or operator
.0402 Record keeping (Except insofar as (b)(2) addresses annual operating fee requirements.)
5. Section .0500 Changes in Status
.0501 Drawing on financial assurance mechanisms
.0502 Release from the requirements
.0503 Incapacity of owner or operator or provider of assurance
.0504 Replenishment
North Carolina Administrative Code, Title 15A - Department of Environment and Natural Resources; Chapter 2, Subchapter 2P: Leaking Petroleum Underground Storage Tank Cleanup Funds
1. Section .0100 General Considerations
.0101 General (Except insofar as .0101(d) provides inspection and enforcement authority.)
.0102 Copies of rules incorporated by reference
.0103 False or misleading information
2. Section .0200 Program Scope
.0201 Applicability (Except insofar as .0201(a) and (b) relate to annual operating fees.)
.0202 Definitions (Except insofar as .0202 (b)(1) relates to annual operating fees.)
3. Section .0300 Annual Operating Fees
.0302 Notification
4. Section .0400 Reimbursement Procedure
.0401 Eligibility of owner or operator (Except insofar as .0401(b) relates to annual operating fees.)
.0402 Cleanup costs
.0403 Third party claims
.0404 Requests for reimbursement
.0405 Method of reimbursement
.0406 Reimbursement apportionment
.0407 Final action
North Dakota

(a) The statutory provisions include: North Dakota Century Code (NDCC), Chapter 23-20.3, Hazardous Waste Management Act:

Section 23-20.3-01 Declaration of Purpose.
Section 23-20.3-02 Definitions.
Section 23-20.3-03 Powers and Duties of the Department.
Section 23-20.3-04 Hazardous Waste Regulations.
Section 23-20.3-04.1 Underground Storage Tank Regulations.
Section 23-20.3-05 Permits.
Section 23-20.3-05.1 Fees - Deposit in Operating Fund.
Section 23-20.3-05.2 Commercial Facility Permits and Ordinances.
Section 23-20.3-08 Imminent Hazard.
Section 23-20.3-10 Applicability.

(b) The regulatory provisions include: North Dakota Administrative Code (NDAC), Chapter 33-24-08, Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks, Amended April 1992:

Section 33-24-08-01 Applicability.
Section 33-24-08-02 Interim Prohibition for Deferred Underground Storage Tank Systems.
Section 33-24-08-03 Definitions (Technical Standards and Corrective Action).
Section 33-24-08-10 Performance Standards for New Underground Storage Tank Systems.
Section 33-24-08-11 Upgrading of Existing Underground Storage Tank Systems.
Section 33-24-08-12 Notification Requirements.
Section 33-24-08-20 Spill and Overfill Control.
Section 33-24-08-21 Operation and Maintenance of Corrosion Protection.
Section 33-24-08-22 Compatibility.
Section 33-24-08-23 Repairs Allowed.
Section 33-24-08-24 Reporting and Recordkeeping.
Section 33-24-08-30 General Release Detection Requirements for All Underground Storage Tank Systems.
Section 33-24-08-31 Release Detection Requirements for Petroleum Underground Storage Tank Systems.
Section 33-24-08-32 Release Detection Requirements for Hazardous Substance Underground Storage Tank Systems.
Section 33-24-08-33 Methods of Release Detection for Tanks.
Section 33-24-08-34 Methods of Release Detection for Piping.
Section 33-24-08-35 Release Detection Recordkeeping.
Section 33-24-08-40 Reporting of Suspected Releases.
Section 33-24-08-41 Investigation Due to Offsite Impacts.
Section 33-24-08-42 Release Investigation and Confirmation Steps.
Section 33-24-08-43 Reporting and Cleanup of Spills and Overfills.
Section 33-24-08-50 General Release Response and Corrective Action for Underground Storage Tank Systems Containing Petroleum or Hazardous Substances.
Section 33-24-08-51 Initial Response.
Section 33-24-08-52 Initial Abatement Measures and Site Check.
Section 33-24-08-53 Initial Site Characterization.
Section 33-24-08-54 Free Product Removal.
Section 33-24-08-55 Investigations for Soil and Ground Water Cleanup.
Section 33-24-08-60 Temporary Closure.
Section 33-24-08-61 Permanent Closure and Changes in Service.
Section 33-24-08-62 Assessing the Site at Closure or Change in Service.
Section 33-24-08-63 Applicability to Previously Closed Underground Storage Tank Systems.
Section 33-24-08-64 Closure Records.
Section 33-24-08-80 Applicability (financial responsibility).
Section 33-24-08-81 Financial Responsibility Compliance Dates.
Section 33-24-08-82 Definitions (financial responsibility).
Section 33-24-08-83 Amount and Scope of Required Financial Responsibility.
Section 33-24-08-84 Allowable Mechanisms and Combinations of Mechanisms.
Section 33-24-08-85 Financial Test of Self-Insurance.
Section 33-24-08-86 Guarantee.
Section 33-24-08-87 Insurance and Risk Retention Group Coverage.
Section 33-24-08-88 Surety Bond.
Section 33-24-08-89 Letter of Credit.
Section 33-24-08-92 Trust Fund.
Section 33-24-08-93 Standby Trust Fund.
Section 33-24-08-94 Substitution of Financial Assurance mechanisms by Owner or Operator.
Section 33-24-08-95 Cancellation or Nonrenewal by Provider of Financial Assurance.
Section 33-24-08-96 Reporting by Owner or Operator.
Section 33-24-08-97 Recordkeeping.
Section 33-24-08-99 Release from Requirements.
Section 33-24-08-100 Bankruptcy or Other Incapacity of Owner or Operator or Provider of Financial Assurance.
Section 33-24-08-101 Replenishment of Guarantees, Letters of Credit, or Surety Bonds.
Oklahoma

(a) The statutory provisions include

1. Oklahoma Statutes, Chapter 14: Oklahoma Underground Storage Tank Regulation Act
Section 301 Short Title
Section 303 Definitions
Section 304 Exemptions
Section 305 Corporation Commission Designated as State Agency to Administer Certain Federal Programs
Section 307 Corporation Commission - Promulgation of Rules Governing Underground Storage Tank Systems
Section 308 Permits - Necessity - Application - Issuance - Fees - Denial, Refusal to Issue, Suspension or Revocation - Financial Responsibility Coverage (Except (B), which applies to individuals other than UST owners and operators.)
Section 308.1 Underground Storage Tank Systems for Petroleum Products - Permit Fee - Penalty - Suspension or Nonrenewal of Permit
Section 309 Release from Underground Storage Tank System - Reports - Corrective Action - Powers, Duties and Procedures of Corporation Commission
Section 313 Records, Reports and Informations - Public Inspection - Confidentiality - Disclosure to Federal or State Representatives
Section 315 Corporation Commission Underground Storage Tank Regulation Revolving Fund
Section 316 Ordinance or Regulations in Conflict with Act Prohibited
Section 340 Storage Tank Advisory Council - Members - Quorum - Authority - Rules - Expenses
2. Oklahoma Statutes, Chapter 15: Oklahoma Petroleum Storage Tank Release Indemnity Program
Section 350 Short Title - Maintenance, Operation and Administration
Section 352 Definitions
Section 353 Petroleum Storage Tank Release Environmental Cleanup Indemnity Fund
Section 354 Assessments on Motor Fuels, Diesel Fuel and Blending Materials - Exemptions - Deposits in Funds
Section 356 Collection, Remittance and Reporting of Assessments
Section 356.1 Confidentiality of Records, Reports or Information - Schedule of Reimbursable Fees
Section 357 Payment of Claim Subject to Indemnity Fund Acquiring Subrogation Rights - Administrator to Protect Indemnity Fund in Judicial and Administrative Proceedings - Notice of Lawsuit - Enforcement of Third Party Claim
Section 358 Annual Reports
Section 359 Audit Relating to Petroleum Storage Tank Release Environmental Cleanup Indemnity Fund
Section 360 Limitation on Expenditures for Administrative Costs - Reports
Section 361 Appointment of Administrator - Hiring of Employees - Temporary Workers and Contract Labor
Section 365 Oklahoma Leaking Underground Storage Tank Trust Fund - Oklahoma Leaking Underground Storage Tank Revolving Fund - Appropriation, Budgeting and Expenditure of Monies - Payments from Funds - Costs of Actions - Emergencies - Reimbursement of Funds - Administrative Penalties

(b) The regulatory provisions include

1. Oklahoma Annotated Code, Chapter 25: Underground Storage Tanks
a. Subchapter 1: General Provisions
Part 1: Purpose and Statutory Authority
Part 3: Definitions
Part 5: Scope of Rules
Part 7: National Industry Codes
Part 9: Notification and Reporting Requirements (Except 165:25-1-45, insofar as it requires owners of exempt USTs to notify the Commission of the existence of such systems.)
b. Subchapter 3: Release Prevention, Detection, and Correction
Part 1: Release Prohibition, Reporting and Investigation
Part 3: Recordkeeping
Part 5: Spill and Overfill Prevention Requirements
Part 7: Compatibility
Part 9: Installation of Underground Storage Tank Systems (Except 165:25-3-48, which applies to individuals other than UST owners and operators.)
Part 11: Repairs to Underground Storage Tank Systems
Part 13: Removal and Closure of Underground Storage Tank Systems
Part 15: Corrective Action Requirements
Part 17: Requirements for Corrosion Protection Systems
c. Subchapter 5: Requirements for Existing Underground Storage Tank Systems
d. Subchapter 7: Requirements for New Underground Storage Tank Systems
Part 1: Design, Construction, and Installation Requirements
Part 3: General Release Detection Methods and Service
Part 5: Release Detection Methods and Devices for Petroleum Underground Storage Tank Systems
e. Subchapter 9: Inspections, Testing, and Monitoring
Part 3: Fees
f. Subchapter 11: Administrative Provisions
g. Subchapter 13: Financial Responsibility Requirements
Part 1: Applicability
Part 3: Definitions
Part 5: Amount and Scope of Coverage
Part 7: Financial Assurance
Part 9: Financial Test of Self-Insurance
Part 11: Guarantee
Part 13: Insurance and Risk Retention Group Coverage
Part 15: Surety Bond
Part 17: Letter of Credit
Part 19: State Fund or Other State Assurance
Part 21: Trust Fund
Part 23: Standby Trust Fund
Part 25: Substitution of Financial Assurance Mechanisms
Part 27: Cancellation or Nonrenewal
Part 29: Reporting
Part 31: Recordkeeping
Part 33: Drawing on Financial Assurance Mechanisms
Part 35: Release from Subchapter 11 Requirements
Part 37: Bankruptcy or Other Incapacity of Owner/Operator or Provider of Financial Assurance
Part 39: Replenishment of Guarantees, Letters of Credit, or Surety Bonds
h. Subchapter 15: Circle K Settlement Fund
Part 1: General Provisions
Part 3: Definitions
Part 5: Eligibility Requirements
Part 7: Reimbursement
i. Appendices
Appendix A: Letter From Chief Financial Officer
Appendix B: Guarantee
Appendix C: Endorsement
Appendix D: Certificate of Insurance
Appendix E: Performance Bond
Appendix F: Irrevocable Standby Letter of Credit
Appendix G: Trust Agreement
Appendix H: Certification of Financial Responsibility
Appendix I: Certification of Valid Claim
Appendix J: Soil and Groundwater Remediation Index
Appendix K: Soil Cleanup Levels
Appendix L: Mean Annual Precipitation
Appendix M: Hydrologically Sensitive Area
Appendix N: Field Citation Fines
2. Oklahoma Annotated Code, Chapter 27: Indemnity Fund
a. Subchapter 1: General Provisions
Section 165:27-1-1 Purpose
Section 165:27-1-2 Definitions
Section 165:27-1-3 Scope
Section 165:27-1-4 Authority
Section 165:27-1-5 Citation of Rules
Section 165:27-1-6 Prescribed Forms
b. Subchapter 3: Eligibility Requirements
Section 165:27-3-1 General Requirements
Section 165:27-3-2 Eligible Person
Section 165:27-3-3 Eligible Release
c. Subchapter 5: Qualifications for Reimbursement
Section 165:27-5-1 Qualifications for Reimbursement
Section 165:27-5-2 Application for Reimbursement
Section 165:27-5-3 Application for Supplemental Reimbursement
d. Subchapter 7: Reimbursement
Section 165:27-7-1 Reimbursable Expenses
Section 165:27-7-2 Total Reimbursement
Section 165:27-7-5 Methods for Reimbursement
Section 165:27-7-6 Conditions for Reimbursement
Section 165:27-7-7 Exclusions from Reimbursement
Section 165:27-7-8 Withholding Reimbursement
Oregon

(a) The statutory provisions include:

(1) Chapter 465, Hazardous Waste and Hazardous Materials I (Removal or Remedial Action Sections 465.200 through 465.482 and 465.900.):

465.200 Definitions for ORS 465.200 to 465.545 (except for Sections 465.200(5) through (11) and (17) defining terms contained in the dry cleaning requirements; (13) “facility” insofar as it applies to a facility that is not an underground storage tank; (16) “hazardous substance” insofar as it applies to hazardous wastes and any substance that is not otherwise defined as a hazardous substance pursuant to section 101(14) of the federal Comprehensive Environmental Response, Compensation and Liability Act or that is not oil; (28) “underground storage tank” insofar as it includes any tank or piping that is excluded under ORS 466.710 and also any tank used to store heating oil for consumptive use on the premises where stored.)
465.255 Strict liability for remedial action costs for injury or destruction of natural resource; limited exclusions (except insofar as this includes a person who is not an owner or operator of an underground storage tank and except insofar as the exclusions would exclude persons who would be liable under Section 9003(h)(6) of RCRA).
(2) Chapter 466, Hazardous Waste and Hazardous Materials II (Oil Storage Tanks):
466.706 Definitions for ORS 466.706 to 466.882 and 466.994 (except for the following definitions: Section 466.706(17) “regulated substance” insofar as it would include substances designated by the commission under subsection (c) that are not included under subsections (a) and (b) of this definition; (21) “underground storage tank” insofar as it includes any tank or piping that is excluded under ORS 466.710, and any tank used to store heating oil for consumptive use on the premises where stored.)
466.710 Application of ORS 466.706 to 466.882 and 466.994
466.740 Noncomplying installation prohibited
466.743 Training on operation, maintenance and testing; rules
466.765 Duty of owner or permittee of underground storage tank
466.770 Corrective action required on contaminated site
466.815 Financial responsibility of owner or permittee; rules; legislative review
466.825 Strict liability of owner or permittee

(b) The regulatory provisions include:

(1) Oregon Administrative Rules, Chapter 340, Division 122 insofar as the following rules apply to a release from an underground storage tank, excluding tanks used to store heating oil for consumptive use on the premises where stored.

340-122-0010 Purpose
340-122-0030 Scope and Applicability
340-122-0040 Standards
340-122-0047 Generic remedies
340-122-0050 Activities
340-122-0070 Removal
340-122-0071 Site Evaluation
340-122-0072 Preliminary Assessments
340-122-0073 Confirmation of Release
340-122-0080 Remedial Investigation
340-122-0084 Risk Assessment
340-122-0085 Feasibility Study
340-122-0090 Selection or Approval of the Remedial Action
340-122-0100 Public Notice and Participation
340-122-0110 Administrative Record
340-122-0115 Definitions insofar as the definition applies to an underground storage tank, excluding tanks used to store heating oil for consumptive use on the premises where stored
340-122-0120 Security Interest Exemption
340-122-0205 Purpose
340-122-0210 Definitions except insofar as the definition of “responsible person” includes a person who does not own or operate an underground storage tank
340-122-0215 Scope and Applicability
340-122-0217 Requirements and Remediation Options
340-122-0218 Sampling and Analysis
340-122-0220 Initial Response
340-122-0225 Initial Abatement Measures and Site Check
340-122-0230 Initial Site Characterization
340-122-0235 Free Product Removal
340-122-0240 Investigation for Magnitude and Extent of Contamination
340-122-0243 Low-Impact Sites
340-122-0244 Risk-Based Concentrations
340-122-0250 Corrective Action Plan
340-122-0252 Generic Remedies
340-122-0260 Public Participation
340-122-0320 Soil Matrix Cleanup Options
340-122-0325 Evaluation of Matrix Cleanup Level
340-122-0330 Evaluation Parameters
340-122-0335 Numeric Soil Cleanup Standards
340-122-0340 Sample Number and Location
340-122-0345 Sample Collection Methods
340-122-0355 Evaluation of Analytical Results
340-122-0360 Reporting Requirements
Grid for OAR 340-122-0330(5)(c) and Table for OAR 340-122-0335(2)

(2) Oregon Administrative Rules, Chapter 340, Division 142 insofar as the following rules apply to a release from an underground storage tank, excluding tanks used to store heating oil for consumptive use on the premises where stored.

340-142-0001 Purpose and Scope
340-142-0005 Definitions as Used in This Division Unless Otherwise Specified
340-142-0030 Emergency Action
340-142-0040 Required Reporting
340-142-0050 Reportable Quantities
340-142-0060 Cleanup Standards
340-142-0070 Approval Required for Use of Chemicals
340-142-0080 Disposal of Recovered Spill Materials
340-142-0090 Cleanup Report
340-142-0100 Sampling/Testing Procedures
340-142-0130 Incident Management and Emergency Operations

(3) Oregon Administrative Rules, Chapter 340, Division 150.

340-150-0001 Purpose
340-150-0006 Applicability and General Requirements
340-150-0008 Exemptions and Deferrals
340-150-0010 Definitions
340-150-0020 UST General Permit Registration Certificate Required except insofar as this provision applies to a person who does not own or operate an underground storage tank and except insofar as the payment of fees is required
340-150-0021 Termination of Temporary Permits
340-150-0052 Modification of Registration Certificates for Changes in Ownership and Permittee except insofar as the payment of fees is required
340-150-0080 Denial, Suspension or Revocation of General Permit Registration Certificates except insofar as this provision applies to a person who does not own or operate an underground storage tank
340-150-0102 Termination of Registration Certificates
340-150-0110 UST General Permit Registration, Annual Compliance and Other Fees except insofar as the payment of fees is required
340-150-0135 General Requirements for Owners and Permittees
340-150-0140 Requirements for Sellers of USTs
340-150-0156 Performance of UST Services by Owners or Permittees
340-150-0160 General Permit Requirements for Installing an UST System except insofar as this provision applies to a person who does not own or operate an underground storage tank
340-150-0163 General Permit Requirements for Operating an UST System except insofar as the payment of fees is required
340-150-0166 General Permit Requirements for Closure of an UST System by Change-in-Service except insofar as the payment of fees is required
340-150-0167 General Permit Requirements for Temporary Closure of an UST System except insofar as the payment of fees is required
340-150-0168 General Permit Requirements for Decommissioning an UST System by Permanent Closure except insofar as this provision applies to a person who does not own or operate an underground storage tank and except insofar as the payment of fees is required
340-150-0180 Site Assessment Requirements for Permanent Closure or Change-in-Service
340-150-0200 Training Requirements for UST System Operators and Emergency Response Information
340-150-0210 Training Requirements for UST Operators
340-150-0300 Installation of USTs and Piping
340-150-0302 Installation of Used USTs
340-150-0310 Spill and Overfill Prevention Equipment and Requirements
340-150-0320 Corrosion Protection Performance Standards for USTs and Piping
340-150-0325 Operation and Maintenance of Corrosion Protection
340-150-0350 UST System Repairs
340-150-0352 UST System Modifications and Additions
340-150-0354 UST System Replacements
340-150-0360 Requirements for Internally Lined USTs
340-150-0400 General Release Detection Requirements for Petroleum UST Systems
340-150-0410 Release Detection Requirements and Methods for Underground Piping
340-150-0420 Release Detection Requirements for Hazardous Substance UST Systems
340-150-0430 Inventory Control Method of Release Detection
340-150-0435 Statistical Inventory Reconciliation Method of Release Detection
340-150-0440 Manual Tank Gauging Release Detection Method
340-150-0445 Tank Tightness Testing for Release Detection and Investigation
340-150-0450 Automatic Tank Gauging Release Detection Method
340-150-0455 Vapor Monitoring Release Detection Method
340-150-0460 Groundwater Monitoring Release Detection Method
340-150-0465 Interstitial Monitoring Release Detection Method
340-150-0470 Other Methods of Release Detection
340-150-0500 Reporting Suspected Releases
340-150-0510 Suspected Release Investigation and Confirmation Steps
340-150-0520 Investigation Due to Off Site Impacts
340-150-0540 Applicability to Previously Closed UST Systems
340-150-0550 Definitions for OAR 340-150-0555 and 340-150-0560
340-150-0555 Compliance Dates for USTs and Piping
340-150-0560 Upgrading Requirements for Existing UST Systems
APPENDIX A Installation of USTs and Piping
APPENDIX B Installation of USTs and Piping
APPENDIX C Spill and Overfill Prevention Equipment and Requirements
APPENDIX D1 USTs Corrosion Protection Performance Standards for USTs and Piping
APPENDIX D2 Piping Corrosion Protection Performance Standards for USTs and Piping
APPENDIX E1 USTs Corrosion Protection Performance Standards for USTs and Piping
APPENDIX E2 Piping Corrosion Protection Performance Standards for USTs and Piping
APPENDIX F Corrosion Protection Performance Standards for USTs and Piping
APPENDIX G Operation and Maintenance of Corrosion Protection
APPENDIX H UST System Repairs & UST System Modifications and Additions
APPENDIX I General Release Detection Requirements for All UST Systems
APPENDIX J General Guidance Documents for UST Owners and Permittees
APPENDIX K Site Assessment Requirements for Permanent Closure or Change-in-Service
APPENDIX L Training Elements

(4) Oregon Administrative Rules, Chapter 340, Division 151

340-151-0001 Purpose
340-151-0010 Scope and Applicability
340-151-0015 Adoption and Applicability of United States Environmental Protection Agency Regulations
340-151-0020 Definitions
340-151-0025 Oregon-Specific Financial Responsibility Requirements

(5) Oregon Administrative Rules, Chapter 690, Division 240, insofar as it pertains to underground storage tanks, excluding tanks used to store heating oil for consumptive use on the premises where stored.

690-240-0005 Introduction
690-240-0006 Special Standards
690-240-0007 Special Area Standards
690-240-0010 Definitions
690-240-0011 Organic Materials
690-240-0012 Public Safety
690-240-0013 Wells Cannot Be Used for Disposal of Contaminants
690-240-0014 Water Used Must Be Potable
690-240-0016 Unattended Wells
690-240-0024 Well Identification Label
690-240-0026 Well Identification Label Maintenance
690-240-0030 Other Holes; General Performance and Responsibility Requirements
690-240-0035 Geotechnical Holes: General Performance and Responsibility Requirements
690-240-0355 Monitoring Well Drilling Machines
690-240-0375 Monitoring Well Construction Notice Required (Start Card)
690-240-0385 Start Card Reporting Requirements
690-240-0395 Monitoring Well Report Required (Monitoring Well Log)
690-240-0410 Monitoring Well Construction: General
690-240-0420 Well Protection
690-240-0430 Casing
690-240-0440 Additional Standards for Artesian Monitoring Wells
690-240-0450 Cleaning
690-240-0460 Monitoring Well Screen, Filter Pack, and Filter Pack Seal
690-240-0475 Well Seals
690-240-0485 Monitoring Well Development
690-240-0500 Completion of Monitoring Wells
690-240-0510 Abandonment of Monitoring Wells
690-240-0525 Piezometers
690-240-0540 Direct Push Monitoring Wells and Piezometers
690-240-0550 Evidence of Failure
Pennsylvania

(a) The statutory provisions include:

Pennsylvania Storage Tank and Spill Prevention Act of 1989, Public Law 169, No. 32

35 PS Section 6021.101 Short title
35 PS Section 6021.102 Legislative findings
35 PS Section 6021.103 Definitions (except insofar as the section addresses aboveground storage tanks; encompasses a broader range of regulated substances; and insofar as certain classes of tanks excluded or deferred under the federal definition of “underground storage tank” are not excluded or deferred under the state definition)
35 PS Section 6021.104 API
35 PS Section 6021.105 Advisory committee
35 PS Section 6021.106 Powers and duties of Environmental Quality Board (except insofar as it addresses aboveground storage tanks)
35 PS Section 6021.107 Powers and duties of department (except insofar as paragraphs (b), (c), (e), and (f) grant the Department enforcement authorities; and paragraph (d) establishes the Department's duties regarding a certification program)
35 PS Section 6021.109 Construction
35 PS Section 6021.110 Applicability of certain provisions to the Commonwealth
35 PS Section 6021.501 Underground storage tank requirements (except insofar as subparagraph (a)(1) requires payment of registration fees; subparagraph (a)(8) sets forth permitting requirements; subparagraph (a)(12) addresses permitting; subparagraph (a)(15) regulates handlers of regulated substances; and paragraph (c) establishes a certified installer and inspector program)
35 PS Section 6021.502 Interim requirements and discontinued use (except insofar as paragraph (a) establishes interim registration fees; and subparagraph (b)(5) requires tanks to be installed by a certified installer)
35 PS Section 6021.503 Registration (except insofar as paragraph (a) requires payment of registration fees; paragraph (b) regulates selling, distributing, depositing or filling unregistered underground storage tanks; and paragraph (c) establishes uses for registration fees)
35 PS Section 6021.701 Financial responsibility 35 PS Section 6021.702 Storage Tank Fund (except insofar as paragraph (a) addresses aboveground storage tanks)
35 PS Section 6021.703 Underground Storage Tank Indemnification Board
35 PS Section 6021.704 Underground Storage Tank Indemnification Fund (except insofar as subparagraph (e)(3) addresses payment of fees)
35 PS Section 6021.705 Powers and duties of Underground Storage Tank Indemnification Board (except insofar as paragraphs (d) and (e) address payment of fees)
35 PS Section 6021.706 Eligibility of claimants
35 PS Section 6021.707 Audit
35 PS Section 6021.708 Performance review
35 PS Section 6021.710 Underground Storage Tank Environmental Cleanup Program
35 PS Section 6021.711 Underground Storage Tank Pollution Prevention Program
35 PS Section 6021.712 Upgrade Loan Program
35 PS Section 6021.2101 Start-up costs (except insofar as it addresses aboveground storage tanks)
35 PS Section 6021.2102 Saved from repeal
35 PS Section 6021.2103 Severability
35 PS Section 6021.2104 Repeals
35 PS Section 6021.2105 Effective date

(b) The regulatory provisions include:

Pennsylvania Code, Chapter 245, Administration of the Storage Tank and Spill Prevention Programs

Section 245.1 Definitions (except insofar as the section addresses aboveground storage tanks; encompasses a broader range of regulated substances; and includes individuals that are not regulated under the federal program under its definition of “responsible party”)
Section 245.2 General
Section 245.31 Underground storage tank tightness testing requirements (except insofar as paragraph (a) requires Department certification for underground tightness testing installers)
Section 245.301 Purpose
Section 245.304 Investigation of suspected releases
Section 245.305 Reporting releases (except insofar as paragraph (h) addresses aboveground storage tanks)
Section 245.306 Interim remedial actions (except insofar as subparagraph (b)(3) requires permits for treatment and disposal activities; and paragraph (d) regulates parties removing contaminated materials)
Section 245.307 Affected or diminished water supplies
Section 245.308 Onsite storage of contaminated soil
Section 245.309 Site characterization
Section 245.310 Site characterization report
Section 245.311 Remedial action plan
Section 245.312 Remedial action
Section 245.313 Remedial action completion report
Section 245.314 Professional seals
Section 245.401 Purpose
Section 245.403 Applicability
Section 245.404 Variances
Section 245.405 Codes and standards
Section 245.421 Performance standards for new underground storage tank systems
Section 245.422 Upgrading of existing underground storage tank systems
Section 245.423 Registration requirements
Section 245.425 Reuse of removed tanks (except insofar as subparagraph (1) requires installation by a certified installer)
Section 245.431 Spill and overfill control
Section 245.432 Operation and maintenance including corrosion protection
Section 245.433 Compatibility
Section 245.434 Repairs allowed (except insofar as subparagraph (1) requires repairs to be performed by a certified installer)
Section 245.435 Reporting and recordkeeping
Section 245.441 General requirements for underground storage tank systems (except insofar as subparagraph (a)(3)(i) requires third-party verification; and subparagraph (a)(3)(ii) requires manufacturers to reevaluate methods within 24 months of EPA changes)
Section 245.442 Requirements for petroleum underground storage tank systems
Section 245.443 Requirements for hazardous substance underground storage tank systems
Section 245.444 Methods of release detection for tanks
Section 245.445 Methods of release detection for piping
Section 245.446 Release detection recordkeeping
Section 245.451 Temporary closure
Section 245.452 Permanent closure and changes-in-service
Section 245.453 Assessing the site at closure or change-in-service
Section 245.454 Applicability to previously closed underground storage tank systems
Section 245.455 Closure records
Section 245.701 Purpose
Section 245.703 Owner or operator financial responsibility
Section 245.704 General requirements
Section 245.705 Owner and operator liability
Section 245.706 Underground storage tanks not covered by USTIF
Section 245.707 Coverage amounts for financial responsibility
Section 245.708 Failure to maintain financial responsibility
Puerto Rico

(a) The statutory provisions include:

1. Public Policy Environmental Act of 1970, Act Number 9, June 18, 1970, as amended, 12 Laws of Puerto Rico Annotated (L.P.R.A.) § 1121 et seq.

(1) Section 1121 - Short title
(2) Section 1122 - Purpose
(3) Section 1123 - Declaration of policy
(4) Section 1124 - Interpretation of legal provisions
(5) Section 1125 - Duties of governmental agencies
(6) Section 1126 - Savings clause
(7) Section 1127 - Complementary character
(8) Section 1128 - Annual report of Governor
(9) Section 1129 - Creation of Board; composition; term
(10) Section 1130 - Duties of Chairman
(11) Section 1130A - Consulting Council
(12) Section 1131 - Functions and duties [Except paragraphs (10), (12), (19), (22), (23), (25), (26), (29), and (30), insofar as they outline enforcement authorities; paragraph (13), insofar as it addresses enforcement authorities, permit and license requirements and associated fees, as well as the NPDES and UIC programs; and paragraph (34), insofar as it relates solely to the solid and hazardous waste programs.]
(13) Section 1133 - Consultation and use of facilities
(14) Section 1135 - Character of Board for federal purposes [Except insofar as it addresses permit requirements.]
(15) Section 1135A - Administration of the Puerto Rico Water Pollution Control Revolving Fund
(16) Section 1137 - Confidential documents
(17) Section 1138 - Effectiveness of previous documents [Except insofar as it addresses permit and licensing requirements.]
(18) Section 1140 - Limitations
(19) Section 1141 - Definitions
(20) Section 1142 - Powers [Except insofar as (b)(5) sets forth enforcement authorities.]

(b) The regulatory provisions include:

1. Underground Storage Tank Control Regulations, Regulation Number 4362, promulgated by the Commonwealth of Puerto Rico Environmental Quality Board on November 7, 1990.

a. Part I - Program Scope and Interim Prohibition.
(1) Rule 101 - Program Scope
(2) Rule 102 - Purpose
(3) Rule 103 - Applicability
(4) Rule 104 - Interim Prohibition for Deferred UST Systems
(5) Rule 105 - Definitions and Abbreviations [Except insofar as the Puerto Rico definition of “Underground Storage Tank or UST” does not exclude from regulation heating oil tanks used for storing heating oil for consumptive use on the premises where stored.]
b. Part II - UST Systems: Design, Construction, Installation, and Notification.
(1) Rule 201 - Performance Standards for New UST Systems
(2) Rule 202 - Upgrading of Existing UST Systems
(3) Rule 203 - Notification Requirements
c. Part III - General Operating Requirements.
(1) Rule 301 - Spill and Overfill Control
(2) Rule 302 - Operation and Maintenance of Corrosion Protection
(3) Rule 303 - Compatibility
(4) Rule 304 - Repairs Allowed
(5) Rule 305 - Reporting and Recordkeeping
d. Part IV - Release Detection.
(1) Rule 401 - General Requirements for all UST Systems
(2) Rule 402 - Requirements for Petroleum UST Systems
(3) Rule 403 - Requirements for Hazardous Substance UST Systems
(4) Rule 404 - Methods of Release Detection for Tanks
(5) Rule 405 - Methods of Release Detection for Piping
(6) Rule 406 - Release Detection Recordkeeping
e. Part V - Release Reporting and Investigation.
(1) Rule 501 - Reporting of Suspected Releases
(2) Rule 502 - Investigation Due to Off-site Impacts
(3) Rule 503 - Release Investigation and Confirmation Steps
(4) Rule 504 - Reporting and Cleanup of Spills and Overfills
f. Part VI - Release Response and Corrective Action for UST Systems Containing Petroleum or Hazardous Substances.
(1) Rule 601 - General
(2) Rule 602 - Initial Response
(3) Rule 603 - Initial Abatement Measures and Site Check [Except insofar as 603(A)(5) requires owners and operators to obtain permits or franchises for drilling and installation of groundwater monitoring and/or extraction wells.]
(4) Rule 604 - Initial Site Characterization
(5) Rule 605 - Free Product Removal [Except insofar as 605(A) and 605 (D)(6) require owners and operators to obtain permits or franchises for drilling and installation of water monitoring and/or extraction wells.]
(6) Rule 606 - Investigation for Soil and Groundwater Clean-up
(7) Rule 607 - Corrective Action Plan
(8) Rule 608 - Public Participation
g. Part VII - Out-Of-Service UST Systems and Closure.
(1) Rule 701 - Temporary Closure
(2) Rule 702 - Permanent Closure and Changes-in-Service
(3) Rule 703 - Assessing the Site at Closure or Change-in-Service
(4) Rule 704 - Applicability to Previously Closed UST Systems
(5) Rule 705 - Closure Methods
h. Part VIII - Notification Requirements and Procedures.
(1) Rule 801 - Notification of Underground Storage System
(2) Rule 802 - Notification Requirements
(3) Rule 803 - Notification Responsibility
(4) Rule 804 - UST Notification Identification Number
(5) Rule 805 - Changes to Facility Notification Data
i. Part IX - Financial Responsibility Requirements.
(1) Rule 901 - Applicability
(2) Rule 902 - Compliance Dates
(3) Rule 903 - Definition of Terms
(4) Rule 904 - Amount and Scope of Required Financial Responsibility
(5) Rule 905 - Allowable Mechanisms and Combinations of Mechanisms
(6) Rule 906 - Financial Test of Self-Insurance
(7) Rule 907 - Guarantee
(8) Rule 908 - Insurance and Risk Retention Group Coverage
(9) Rule 909 - Surety Bond
(10) Rule 910 - Letter of Credit
(11) Rule 911 - Trust Fund
(12) Rule 912 - Standby Trust Fund
(13) Rule 913 - Substitution of Financial Assurance Mechanisms by Owner or Operator
(14) Rule 914 - Cancellation or Nonrenewal by a Provider of Financial Assurance
(15) Rule 915 - Reporting by Owner or Operator
(16) Rule 916 - Recordkeeping
(17) Rule 917 - Drawing on Financial Assurance Mechanisms
(18) Rule 918 - Release from the Requirements
(19) Rule 919 - Bankruptcy or Other Incapacity of Owner or Operator of Provider of Financial Assurance
(20) Rule 920 - Replenishment of Guarantees, Letters of Credit, or Surety Bonds
(21) Rule 921 - Suspension of Enforcement
j. Part X - General Provisions.
(1) Rule 1001 - Amendments to this Regulation
(2) Rule 1002 - Monitoring, Recordkeeping, Reporting, Sampling, and Testing Methods
(3) Rule 1003 - Malfunction or Non-compliance, Reporting
(4) Rule 1004 - Confidentiality of Information
(5) Rule 1006 - Public Notice and Public Hearings
(6) Rule 1009 - Public Nuisance
(7) Rule 1011 - Overlapping or Inconsistent Provisions
(8) Rule 1012 - Derogation
(9) Rule 1013 - Separability Clause
(10) Rule 1014 - Effectiveness
k. Part XI - General Prohibitions.
(1) Rule 1101 - Purpose, Scope and Applicability
(2) Rule 1102 - General Prohibitions
Rhode Island

(a) The statutory provisions include Rhode Island Statute Title 46 of the General Laws of Rhode Island, 1956, as amended:

Chapter 12 Water Pollution
Chapter 12.1 Underground Storage Tanks
Chapter 12.3 The Environmental Injury Compensation Act
Chapter 12.5 Oil Pollution Control
Chapter 13.1 Groundwater Protection
Chapter 14 Contamination of Drinking Water

(b) The statutory provisions include Title 42 of the General Laws of Rhode Island, 1956, as amended.

Chapter 35 Administrative Procedures

(c) The statutory provisions include Title 38 of the General Laws of Rhode Island, 1956, as amended.

Chapter 2 Access to Public Records

(d) The statutory provisions include Title 37 of the General Laws of Rhode Island, 1956, as amended.

Chapter 18 Narragansett Indian and Management Corp.

(e) The statutory provisions include Title 23 of the General Laws of Rhode Island, 1956, as amended.

Chapter 19.1 Hazardous Waste Management

(f) The regulatory provisions include State of Rhode Island, Agency of Natural Resources, Underground Storage Tank Regulations, February 1, 1991:

Section 1.00 Purpose
Section 2.00 Authority
Section 3.00 Superseded Rules and Regulations
Section 4.00 Severability
Section 5.00 Applicability
Section 6.00 Administrative Findings
Section 7.00 Definitions
Section 8.00 Facility Registration and Notification
Section 9.00 Financial Responsibility
Section 10.00 Minimum Existing Facility Requirements
Section 11.00 New Facility and Replacement Tank Requirements
Section 12.00 Facility Modification
Section 13.00 Maintaining Records
Section 14.00 Leak and Spill Response
Section 15.00 Closure
Section 16.00 Leak Detection Methods and Precision Tester Licensing Requirements
Section 17.00 Signatories to Registration and Closure Applications
Section 18.00 Transfer of Certificates of Registration or Closure
Section 19.00 USTs/Holding Tanks Serving Floor Drains
Section 20.00 Variances
Section 21.00 Appeals
Section 22.00 Penalties
Appendix A
Appendix B
Appendix C
South Carolina

(a) The statutory provisions include:

(1)Code of Laws of South Carolina, Title 44. Health, Chapter 2. State Underground Petroleum Environmental Response Bank Act (SUPERB Act)

44-2-10 Short Title
44-2-20 Definitions
44-2-70 Financial responsibility of underground storage tank owners and operators
44-2-80 Release of regulated substance; containment, removal, and abatement

(b) The regulatory provisions include:

(1)South Carolina Underground Storage Tank Control Regulations, R.61-92, Part 280

280.10 Applicability
280.11 Interim prohibition for deferred UST systems
280.12 Definitions
280.20 Performance standards for new UST systems
280.21 Upgrading of Existing UST systems
280.22 Notification requirements
280.23 New tanks - B permits required
280.24 Testing
280.25 Secondary containment required
280.30 Spill and overfill control
280.31 Operation and maintenance of corrosion protection
280.32 Compatibility
280.33 Repairs allowed
280.34 Reporting and recordkeeping
280.40 General requirements for all UST systems
280.41 Requirements for petroleum UST systems
280.42 Requirements for hazardous substance UST systems
280.43 Methods of release detection for tanks
280.44 Methods of release detection for piping
280.45 Release detection recordkeeping
280.50 Reporting of suspected releases
280.51 Investigation due to off-site impacts
280.52 Release investigation and confirmation steps
280.53 Reporting and cleanup of spills and overfills
280.60 General
280.61 Initial response
280.62 Initial abatement measures and site check
280.63 Initial site characterization
280.64 Free product removal
280.65 Investigations for soil and ground-water cleanup
280.66 Corrective action plan
280.67 Public participation
280.70 Temporary closure
280.71 Permanent closure and changes-in-service
280.72 Assessing the site at closure or change-in-service and reporting requirements
280.73 Applicability to previously closed UST systems
280.74 Closure records
280.90 Applicability
280.91 Compliance dates
280.92 Definition of terms
280.93 Amount and scope of required financial responsibility
280.94 Allowable mechanisms and combinations of mechanisms
280.95 Financial test of self-assurance
280.96 Guarantee
280.97 Insurance and risk retention group coverage
280.98 Surety Bond
280.99 Letter of credit
280.101 State Underground Petroleum Environmental Response Bank (SUPERB) or other state assurance
280.102 Trust Fund
280.103 Standby trust fund
280.104 Local government bond rating test
280.105 Local government financial test
280.106 Local government guarantee
280.107 Local government fund
280.108 Substitution of financial assurance mechanism by owner or operator
280.109 Cancellation or non-renewal by a provider of financial assurance
280.110 Reporting by owner or operator
280.111 Recordkeeping
280.112 Drawing on financial assurance mechanisms
280.113 Release from requirements
280.114 Bankruptcy or other incapacity of owner or operator or provider of financial assurance
280.115 Replenishment of guarantees, letters of credit, or surety bonds
280.116 Suspension of enforcement (reserved)
280.200 Definitions
280.210 Participation in management
280.220 Ownership of an underground storage tank or underground storage tank system or facility or property on which an underground storage tank or underground storage tank system is located
280.230 Operating an underground storage tank or underground storage tank system
South Dakota

(a) The statutory provisions include South Dakota Statutes Annotated, Chapter 34A-2, Sections 98 and 99. Underground Storage Tanks:

Section 98 Underground storage tanks - Definitions.
Section 99 Underground storage tanks - Adoption of Rules - Violation.

(b) The regulatory provisions include State of South Dakota Administrative Rules, Chapter 74:03:28, Underground Storage Tanks, Department of Environment and Natural Resources, June 24, 1992:

Section 74:03:28:01 Definitions.
Section 74:03:28:02 Performance standards for new UST systems - General requirements.
Section 74:03:28:03 Upgrading of existing UST systems - General requirements and deadlines.
Section 74:03:28:04 Notification requirements for UST systems.
Section 74:03:28:05 Spill and overfill control.
Section 74:03:28:06 Operation and maintenance of cathodic protection.
Section 74:03:28:07 Compatibility.
Section 74:03:28:08 Repairs allowed - general requirements.
Section 74:03:28:09 Maintenance and availability of records.
Section 74:03:28:10 Release detection for all UST systems - general requirements and deadlines.
Section 74:03:28:11 Release detection requirements for petroleum UST systems.
Section 74:03:28:12 Release detection requirements for pressure piping.
Section 74:03:28:13 Recordkeeping.
Section 74:03:28:14 Release notification plan.
Section 74:03:28:15 Reported of suspected releases.
Section 74:03:28:16 Release investigation and confirmation.
Section 74:03:28:17 Off-site impacts and source investigation.
Section 74:03:28:18 General requirements for corrective action for releases from UST systems.
Section 74:03:28:19 Initial abatement requirements and procedures for releases from UST systems.
Section 74:03:28:20 Free product removal.
Section 74:03:28:21 Additional site investigation for releases from UST systems.
Section 74:03:28:22 Soil and groundwater cleanup for releases from UST systems.
Section 74:03:28:23 Reporting of releases from UST systems.
Section 74:03:28:28 Reporting of hazardous substance releases from UST systems.
Section 74:03:28:29 Temporary removal from use.
Section 74:03:28:30 Temporary closure.
Section 74:03:28:31 Permanent closure.
Section 74:03:28:32 Postclosure requirements.
Section 74:03:29:01 Applicability.
Section 74:03:29:23 Definitions.
Section 74:03:29:24 Financial responsibility rules.
Tennessee

(a) The statutory provisions include:

1. Section 68-215-101 Short title
2. Section 68-215-102 Legislative intent [Except § 68-215-102(a)(3) and except § 68-215-102(a)(5).]
3. Section 68-215-103 Definitions
4. Section 68-215-105 Minimum requirements for tanks
5. Section 68-215-106 Notification as to tanks in use and tanks taken out of operations [Except § 68-215-106(a)(6) and except § 68-215-106(c)(2).]
6. Section 68-215-107 Supervision, inspection, and enforcement responsibilities [Except § 68-215-107(e) and except § 68-215-107(f)(9).]
7. Section 68-215-108 Proprietary information
8. Section 68-215-118 Compliance by governmental entities
9. Section 68-215-123 Complaints - Hearings - Appeals
10. Section 68-215-124 Exemptions
11. Section 68-215-126 Preemption of local regulation - Exception
12. Section 68-215-127 Exclusivity of provisions

(b) The regulatory provisions include:

1. Section .01 Program Scope and Minimum Requirements for Tanks
Section .01(1) Applicability
Section .01(2) Minimum requirements for tanks
Section .01(3) Definitions
2. Section .02 UST Systems: Design, Construction, Installation and Notification
Section .02(1) Performance standards for new UST systems
Section .02(2) Upgrading of existing UST systems
Section .02(3) Notification requirements
3. Section .03 General Operating Requirements
Section .03(1) Spill and overfill control
Section .03(2) Operation and maintenance of corrosion protection
Section .03(3) Compatibility
Section .03(4) Repairs allowed
Section .03(5) Reporting and recordkeeping
4. Section .04 Release Detection
Section .04(1) General requirements for release detection
Section .04(2) Requirements for petroleum UST systems
Section .04(3) Methods of release detection for tanks
Section .04(4) Methods of release detection for piping
Section .04(5) Release detection recordkeeping
5. Section .05 Release Reporting, Investigation and Confirmation
Section .05(1) Reporting of suspected releases
Section .05(2) Investigation due to off-site impacts
Section .05(3) Release investigation and confirmation steps
Section .05(4) Reporting and cleanup of spills and overfills
6. Section .06 Release Response and Corrective Action for UST Systems Containing Petroleum
Section .06(1) General
Section .06(2) Initial response
Section .06(3) Initial abatement measures and site check
Section .06(4) Initial site characterization
Section .06(5) Free products removal
Section .06(6) Investigations for soil and ground water cleanup
Section .06(7) Corrective action plan
Section .06(8) Public participation
7. Section .07 Out-of-Service UST System and Closure
Section .07(1) Temporary closure
Section .07(2) Permanent closure and changes-in-service
Section .07(3) Assessing the site at closure or change-in-service
Section .07(4) Applicability to previously closed UST systems
Section .07(5) Closure records
8. Section .08 Financial Responsibility
Section .08(1) Applicability
Section .08(2) Compliance dates
Section .08(3) Definition of terms
Section .08(4) Amount and scope of required financial responsibility
Section .08(5) Allowable mechanisms and combinations of mechanisms
Section .08(6) Financial test of self-insurance
Section .08(7) Guarantee
Section .08(8) Insurance and risk retention group coverage
Section .08(9) Surety bond
Section .08(10) Letter of credit
Section .08(11) Petroleum underground storage tank fund
Section .08(12) Trust fund
Section .08(13) Standby trust fund
Section .08(14) Substitution of financial assurance mechanisms by owner or operator
Section .08(15) Cancellation or nonrenewel by a provider of financial assurance
Section .08(16) Reporting by owner or operator
Section .08(17) Recordkeeping
Section .08(18) Drawing on financial assurance mechanisms
Section .08(19) Release from requirements
Section .08(20) Bankruptcy or other incapacity of owner or operator or provider of financial assurance
Section .08(21) Replenishment of guarantees, letters of credit, or surety bonds
Texas

(a) The statutory provisions include

1. Texas Water Code, Title 2, Subtitle D, Chapter 26 - State Water Administration
a. Subchapter I: Underground and Aboveground Storage Tanks
Section 26.341 Purpose (Except insofar as it applies to aboveground storage tanks.)
Section 26.342 Definitions (Except insofar as (10) and (12) apply to aboveground storage tanks.)
Section 26.343 Regulated Substances
Section 26.344 Exemptions (Except insofar as (a), (d), and (f) apply to aboveground storage tanks.)
Section 26.345 Administrative Provisions (Except insofar as (a) and (e) apply to aboveground storage tanks.)
Section 26.346 Registration Requirements (Except insofar as (a) applies to aboveground storage tanks.)
Section 26.347 Tank Standards
Section 26.348 Leak Detection and Record Maintenance
Section 26.349 Reporting of Releases and Corrective Action (Except insofar as (a) applies to aboveground storage tanks.)
Section 26.350 Tank Closure Requirements
Section 26.351 Corrective Action (Except insofar as it applies to aboveground storage tanks.)
Section 26.3511 Corrective Action by the Commission (Except insofar as it applies to aboveground storage tanks.)
Section 26.3512 Owner or Operator Responsibility; Limitations on Fund Payments for Corrective Action
Section 26.3513 Liability and Costs: Multiple Owners and Operators
Section 26.3514 Limits on Liability of Lender (Except insofar as it applies to aboveground storage tanks.)
Section 26.3515 Limits on Liability of Corporate Fiduciary (Except insofar as it applies to aboveground storage tanks.)
Section 26.352 Financial Responsibility
Section 26.355 Recovery of Costs (Except insofar as it applies to aboveground storage tanks.)
Section 26.357 Standards and Rules
Section 26.3571 Eligible Owner or Operator
Section 26.3572 Groundwater Protection Cleanup Program
Section 26.3573 Petroleum Storage Tank Remediation Fund
Section 26.35735 Claims Audit
Section 26.3574 Fee on Delivery of Certain Petroleum Products
Section 26.358 Storage Tank Fund; Fees (Except insofar as it applies to aboveground storage tanks.)
Section 26.359 Local Regulation or Ordinance

(b) The regulatory provisions include

1. 31 Texas Administrative Code, Chapter 334 - Underground and Aboveground Storage Tanks
a. Subchapter A: General Provisions
Section 334.1 Purpose and Applicability (Except insofar as Section 334.1(a)(1), (c), and (d)(2) apply to aboveground storage tanks.)
Section 334.2 Definitions
Section 334.3 Statutory Exemptions (Except insofar as Section 334.3(b) applies release reporting and corrective action requirements to certain hydraulic lift tanks that are exempt under the federal program.)
Section 334.4 Commission Exclusions (Except insofar as Section 334.4: (1) Does not exclude airport hydrant fuel distribution systems and UST systems with field-constructed tanks; excludes only sumps less than 110 gallons, as opposed to all tanks; and does not provide a release detection deferral for UST systems that store fuel solely for use by emergency power generators; (2) Subjects wastewater treatment tank systems that are deferred in the federal rules to the registration requirements, general operating requirements, and corrective action requirements; (3) Requires USTs that store radioactive substances or are part of a nuclear power plant to comply with registration and general operating requirements; and (4) Applies release reporting and corrective action requirements to certain hydraulic lift tanks that are exempt under the federal program.)
Section 334.5 General Prohibitions
Section 334.6 Construction Notification
Section 334.7 Registration
Section 334.8 Certification
Section 334.9 Seller's Disclosure
Section 334.10 Reporting and Recordkeeping
Section 334.12 Other General Provisions
2. Subchapter B: Underground Storage Tank Fees
Section 334.21 Fee Assessment
Section 334.22 Failure to Make Payment
Section 334.23 Disposition of Fees, Interest and Penalties
3. Subchapter C: Technical Standards
Section 334.41 Applicability
Section 334.42 General Standards
Section 334.43 Variances and Alternative Procedures
Section 334.44 Implementation Schedules
Section 334.45 Technical Standards for New UST Systems
Section 334.46 Installation Standards for New UST Systems
Section 334.47 Technical Standards for Existing UST Systems
Section 334.48 General Operating and Management Requirements
Section 334.49 Corrosion Protection
Section 334.50 Release Detection
Section 334.51 Spill and Overfill Prevention and Control
Section 334.52 UST System Repairs and Relining
Section 334.53 Reuse of Used Tanks
Section 334.54 Temporary Removal from Service
Section 334.55 Permanent Removal from Service
4. Subchapter D: Release Reporting and Corrective Action
Section 334.71 Applicability
Section 334.72 Reporting of Suspected Releases
Section 334.73 Investigation Due to Off-Site Impacts
Section 334.74 Release Investigation and Confirmation Steps
Section 334.75 Reporting and Cleanup of Surface Spills and Overfills
Section 334.76 Initial Response to Releases
Section 334.77 Initial Abatement Measures and Site Check
Section 334.78 Initial Site Characterization
Section 334.79 Free Product Removal
Section 334.80 Investigation for Soil and Groundwater Cleanup
Section 334.81 Corrective Action Plan
Section 334.82 Public Participation
Section 334.83 Emergency Orders
Section 334.84 Corrective Action by the Commission
Section 334.85 Management of Wastes
5. Subchapter E: Financial Responsibility
Section 334.91 Applicability
Section 334.92 Compliance Dates
Section 334.93 Amount and Scope of Required Financial Responsibility
Section 334.94 Allowable Mechanisms and Combinations of Mechanisms
Section 334.95 Financial Test of Self-Insurance
Section 334.96 Guarantee
Section 334.97 Insurance and Risk Retention Group Coverage
Section 334.98 Surety Bond
Section 334.99 Letter of Credit
Section 334.100 Trust Fund
Section 334.101 Standby Trust Fund
Section 334.102 Substitution of Financial Assurance Mechanisms by Owner or Operator
Section 334.103 Cancellation or Nonrenewal by a Provider of Financial Assurance
Section 334.104 Reporting by Owner or Operator
Section 334.105 Financial Assurance Recordkeeping
Section 334.106 Drawing on Financial Assurance Mechanisms
Section 334.107 Release from the Requirements
Section 334.108 Bankruptcy or Other Incapacity of Owner or Operator of Provider of Financial Assurance
Section 334.109 Replenishment of Guarantees, Letters of Credit, or Surety Bonds
6. Subchapter H: Interim Reimbursement Program
Section 334.301 Applicability of this Subchapter
Section 334.302 General Conditions and Limitations Regarding Reimbursement - Interim Period
Section 334.303 Time to File Application - Interim Period
Section 334.304 Who May File Application - Interim Period
Section 334.305 Where and How Documents Must Be Filed - Interim Period
Section 334.306 Form and Contents of Application - Interim Period
Section 334.307 Technical Information Required - Interim Period
Section 334.308 Allowable Costs and Restrictions on Allowable Costs - Interim Period
Section 334.309 Reimbursable Costs - Interim Period
Section 334.310 Requirements for Eligibility - Interim Period
Section 334.311 Determining the Number of Occurrences - Interim Period
Section 334.312 Owner/Operator Contribution
Section 334.313 Review of Application by Executive Director - Interim Period
Section 334.314 Executive Director's Fund Payment Report - Initial Period
Section 334.315 Protest of Fund Payment Report - Interim Period
Section 334.316 Formal Petition - Interim Period
Section 334.317 Hearing by the Commission - Interim Period
Section 334.318 Recovery of Costs - Interim Period
Section 334.319 Administrative Penalties and Other Actions - Initial Period
Section 334.320 Responsibilities of Owners and Operators - Interim Period
Section 334.321 Corrective Action by the Commission - Interim Period
Section 334.322 Subchapter H Definitions
7. Subchapter K: Petroleum Substance Waste
Section 334.481 Definitions
Section 334.482 General Prohibitions
Section 334.483 Disposal by Generator
Section 334.484 Registration Required for Petroleum-Substance Waste Storage or Treatment Facilities
Section 334.485 Authorization for Class C and Class D Facilities
Section 334.486 Exemptions
Section 334.487 Notification and Mobilization Requirements for Class B Facilities
Section 334.488 Effect on Existing Facilities
Section 334.489 Notice to Owners and Operators
Section 334.490 Public Notice
Section 334.491 Public Meetings for Class A Facilities
Section 334.492 Closure and Facility Expansion
Section 334.493 Location Standards for Class A Petroleum-Substance Waste Storage or Treatment Facilities
Section 334.494 Shipping Procedures Applicable to Generators of Petroleum-Substance Waste
Section 334.495 Recordkeeping and Reporting Procedures Applicable to Generators
Section 334.496 Shipping Requirements Applicable to Transporters of Petroleum-Substance Waste
Section 334.497 Shipping Requirements Applicable to Owners or Operators of Storage Treatment or Disposal Facilities
Section 334.498 Recordkeeping Requirements Applicable to Owners or Operators of Storage Treatment or Disposal Facilities
Section 334.499 Additional Reports
Section 334.500 Design and Operating Requirements of Stockpiles and Land Surface Treatment Units
Section 334.501 Reuse of Petroleum-Substance Waste
Section 334.502 Contaminant Assessment Program and Corrective Action
Section 334.503 Security
Section 334.504 Contingency Plan
Section 334.505 Emergency Procedures
Section 334.506 Closure Requirements Applicable to Class A and Class B Facilities
Section 334.507 General Requirements for Financial Assurance
Section 334.508 Mechanisms for Financial Assurance
Section 334.509 Liability Requirements for Class A and B Facilities
Section 334.510 Incapacity of Owners or Operators, Guarantors, or Financial Institutions
8. Subchapter L: Overpayment Prevention
Section 334.530 Purpose and Applicability of the Subchapter
Section 334.531 Responsibility of Recipients of Money from the PSTR Fund and Persons Paid by Recipients of Money from the PSTR Fund
Section 334.532 Payments
Section 334.534 Notice of Overpayment
Section 334.535 Objections to the Notice of Overpayment and Formal Petition for Hearing
Section 334.536 Hearing by the Commission
Section 334.537 Failure to Return Overpayment or Cooperative with Audit or Investigation
Section 334.538 Administrative Penalties and Other Actions
9. Subchapter M: Reimbursable Cost Guidelines for the Petroleum Storage Tank Reimbursement Program
Section 334.560 Reimbursable Cost Guidelines
Utah

(a) The statutory provisions include: Utah Code Unannotated (1994), Title 19, Chapter 6, Part 1, Solid and Hazardous Waste Act, and Chapter 6, Part 4, Underground Storage Tank Act:

Section 19-6-109 Inspections authorized.
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) and (iv).
Section 19-6-404 Powers and duties of executive secretary, 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 - Actions required after testing.
Section 19-6-420 Releases - Abatement actions - Corrective actions, except (1) through (3)(b), (4)(a), (5) (b) and (c), (6), and (9)(b).

(b) The regulatory provisions include:

(1) Administrative Rules of the State of Utah, Utah Administrative Code (1993):
Section R311-200-1 Definitions, except (2), (5), (8), (10), (13), (20), (29), (42) through (49), (53), and (54).
Section R311-202-1 Incorporation by Reference.
Section R311-203-1 Definitions.
Section R311-203-3 New Installations.
Section R311-203-4 Notification.
Section R311-204-1 Definitions
Section R311-204-2 Underground Storage Tank Closure Plan.
Section R311-204-3 Disposal.
Section R311-204-4 Subsequent Closure Notice.
Section R311-205-1 Definitions.
Section R311-205-2 Site Assessment Protocol.
Section R311-206-1 Definitions.
Section R311-206-2 Requirements for Issuance of Certificates, except (b) and (c).
Section R311-206-3 Application for Certificates.
Section R311-206-5 Revocation and Reissuance of Certificates, except (b), (c), (d), and the words “compliance or” in R311-206-5(a).
Vermont

(a) The statutory provisions include Vermont Statutes Annotated, 1992, Chapter 59. Underground Liquid Storage Tanks:

Section 1921 Purpose.
Section 1922 Definitions.
Section 1923 Notice of New or Existing Underground Storage Tank.
Section 1924 Integrity Report.
Section 1925 Notice in Land Records.
Section 1926 Unused and Abandoned Tanks.
Section 1927 Regulation of Category One Tanks.
Section 1928 Regulation of Large Farm and Residential Motor Fuel Tanks.
Section 1930 Implementation; Coordination.
Section 1936 Licensure of Tank Inspectors.
Section 1938 Underground Storage Tank Trust Fund.
Section 1939 Risk Retention Pool.
Section 1940 Underground Storage Tank Incentive Program.
Section 1941 Petroleum Cleanup Fund.
Section 1942 Petroleum Distributor Licensing Fee.
Section 1943 Petroleum Tank Assessment.
Section 1944 Underground Storage Tank Loan Assistance Program.

(b) The regulatory provisions include State of Vermont, Agency of Natural Resources, Underground Storage Tank Regulations, February 1, 1991:

(1) Subchapter 1: General.
Section 8-101 Purpose.
Section 8-102 Applicability.
Section 8-103 Severability.
(2) Subchapter 2: Definitions.
Section 8-201 Definitions.
(3) Subchapter 3: Notification and Permits.
Section 8-301 Notification, except for the following words in section 8-301(1), “Notification is also required for any tank used exclusively for on-premises heating that is greater than 1100 gallons in size.”
Section 8-302 Permits.
Section 8-303 Financial Responsibility Requirements.
Section 8-304 Petroleum Tank Assessment.
Section 8-305 Innovative Technology.
(4) Subchapter 4: Minimum Standards for New and Replacements Tanks and Piping.
Section 8-401 General Requirements.
Section 8-402 Tanks - Design and Manufacturing Standards.
Section 8-403 Tanks - Secondary Containment.
Section 8-404 Tanks - Release Detection.
Section 8-405 Piping - Design and Construction.
Section 8-406 Compatibility.
Section 8-407 Spill and Overfill Prevention Equipment.
Section 8-408 Installation.
(5) Subchapter 5: Minimum Operating Standards for Existing Tanks and Piping.
Section 8-501 General Requirements.
Section 8-502 Spill and Overfill Prevention.
Section 8-503 Corrosion Protection of Metallic Components.
Section 8-504 Release Detection.
Section 8-505 Compatibility.
Section 8-506 Repairs.
(6) Subchapter 6: Reporting, Investigation, Corrective Action and UST Closure.
Section 8-601 General Requirement, except for the following words, “Heating oil tanks greater than 1100 gallons capacity used exclusively for on-premise heating purposes are subject to the requirements for permanent closure in accordance with subsection 8-605(2).”
Section 8-602 Reporting.
Section 8-603 Release Investigation and Confirmation.
Section 8-604 Corrective Action.
Section 8-605 Closure of USTs.
Appendix A Groundwater Monitoring Requirements.
Appendix B Inventory Monitoring Procedures.
Appendix C Procedures for Manual Tank Gauging.
Appendix D Installation Requirements Applicable to New and Replacement UST Systems.
Virginia

(a) The statutory provisions include:

(1) Code of Virginia, Title 62.1, Chapter 3.1: State Water Control Law
Article 9: Storage Tanks
Section 62.1-44.34:8 Definitions, except “Aboveground storage tank” and “Regulated substance”
Section 62.1-44.34:9 Powers and duties of Board
Article 10: Petroleum Storage Tank Fund
Section 62.1-44.34:10 Definitions, except “Aboveground storage tank” and “Regulated substance”
Section 62.1-44.34:11 Virginia Petroleum Storage Tank Fund
Section 62.1-44.34:12 Financial responsibility

(b) The regulatory provisions include:

(1) Virginia Administrative Code, Title 9, Agency 25: State Water Control Board, Chapter 580: Underground Storage Tanks - Technical Standards and Corrective Action Requirements
Part I: Definitions, Applicability, and Interim Prohibition
9 VAC 25-580-10 Definitions, except “Underground storage tank” includes heating oil tanks of greater than 5,000 gallon capacity and “Regulated substance”
9 VAC 25-580-20 Applicability
9 VAC 25-580-30 Interim prohibition for deferred UST systems
9 VAC 25-580-40 Permitting and inspection requirements for all UST systems
Part II: UST Systems: Design, Construction, Installation, and Notification
9 VAC 25-580-50 Performance standards for new UST systems
9 VAC 25-580-60 Upgrading of existing UST systems
9 VAC 25-580-70 Notification requirements
9 VAC 25-580-80 Spill and overfill control
9 VAC 25-580-90 Operation and maintenance of corrosion protection
9 VAC 25-580-100 Compatibility
9 VAC 25-580-110 Repairs allowed
Part III: General Operating Requirements
9 VAC 25-580-120 Reporting and recordkeeping
Part IV: Release Detection
9 VAC 25-580-130 General requirements for all petroleum and hazardous substance UST systems, except heating oil tanks of greater than 5,000 gallon capacity
9 VAC 25-580-140 Requirements for petroleum UST systems
9 VAC 25-580-150 Requirements for hazardous substance UST systems
9 VAC 25-580-160 Methods of release detection for tanks
9 VAC 25-580-170 Methods of release detection for piping
9 VAC 25-580-180 Release detection recordkeeping
Part V: Release Reporting, Investigation, and Confirmation
9 VAC 25-580-190 Reporting of suspected releases
9 VAC 25-580-200 Investigation due to off-site impacts
9 VAC 25-580-210 Release investigation and confirmation steps
9 VAC 25-580-220 Reporting and cleanup of spills and overfills
Part VI: Release Response and Corrective Action for UST Systems Containing Petroleum for Hazardous Substances
9 VAC 25-580-230 General
9 VAC 25-580-240 Initial response
9 VAC 25-580-250 Initial abatement measures and site check
9 VAC 25-580-260 Site characterization
9 VAC 25-580-270 Free product removal
9 VAC 25-580-280 Corrective action plan
9 VAC 25-580-300 Public participation
9 VAC 25-580-310 Temporary closure
Part VII: Out-of-Service UST Systems and Closure
9 VAC 25-580-320 Permanent closure and changes-in-service
9 VAC 25-580-330 Assessing the site at closure or change-in-service
9 VAC 25-580-340 Applicability to previously closed UST systems
9 VAC 25-580-350 Closure records
Part VIII: Delegation
9 VAC 25-580-360 Delegation of authority
Appendix I: Virginia Underground Storage Tank Notification Forms
Appendix II: Statement for Shipping tickets and Invoices
(2) Virginia Administrative Code, Title 9, Agency 25: State Water Control Board, Chapter 590: Petroleum Underground Storage Tank Financial Responsibility Requirements
9 VAC 25-590-10 Definitions
9 VAC 25-590-20 Applicability
9 VAC 25-590-30 Compliance dates
9 VAC 25-590-40 Amount and scope of financial responsibility requirement
9 VAC 25-590-50 Allowable mechanisms and combinations of mechanisms
9 VAC 25-590-60 Financial test of self-insurance
9 VAC 25-590-70 Guarantee
9 VAC 25-590-80 Insurance and group self-insurance pool coverage
9 VAC 25-590-90 Surety bond
9 VAC 25-590-100 Letter of credit
9 VAC 25-590-110 Trust fund
9 VAC 25-590-120 Standby trust fund
9 VAC 25-590-130 Substitution of financial assurance mechanisms by owner and operator
9 VAC 25-590-140 Cancellation or nonrenewal by a provider of financial assurance
9 VAC 25-590-150 Reporting by owner or operator
9 VAC 25-590-160 Recordkeeping
9 VAC 25-590-170 Drawing on financial assurance mechanism
9 VAC 25-590-180 Release from the requirements
9 VAC 25-590-190 Bankruptcy or other incapacity of owner, operator or provider of financial assurance
9 VAC 25-590-200 Replenishment of guarantees, letters of credit or surety bonds
9 VAC 25-590-210 Virginia Petroleum Storage Tank Fund
9 VAC 25-590-220 Notices to the State Water Control Board
9 VAC 25-590-230 Delegation of authority
9 VAC 25-590-240 Lender liability
9 VAC 25-590-250 Local government financial responsibility demonstration
9 VAC 25-590-260 Word or phrase substitutions
Appendix I: Letter from Chief Financial Officer
Appendix II: Guarantee
Appendix III: Endorsement
Appendix IV: Certificate of Insurance
Appendix V: Performance Bond
Appendix VI: Irrevocable Standby Letter of Credit
Appendix VII: Trust Agreement
Appendix VIII: Certification of Acknowledgment
Appendix IX: Certification of Financial Responsibility
Appendix X: Certification of Valid Claim
Appendix XI: Letter from Chief Financial Officer (short form)
West Virginia

(a) The statutory provisions include:

(1) Code of West Virginia, Article 17: Underground Storage Tanks
Section 22-17-1 Short title
Section 22-17-2 Declaration of policy and purpose
Section 22-17-3 Definitions
Section 22-17-4 Designation of division of environmental protection as the state underground storage tank program lead agency
Section 22-17-6 Promulgation of rules and standards by director, except § 22-17-6.(b)(12) and (b)(13)
Section 22-17-8 Notification requirements
Section 22-17-9 Registration requirements; undertaking activities without registration
Section 22-17-10 Financial responsibility
Section 22-17-11 Performance standards for new underground storage tanks
Section 22-17-12 Confidentiality, except § 22-17-12.(b)
Section 22-17-14 Corrective action for underground petroleum storage tanks
Section 22-17-22 Underground storage tank insurance fund

(b) The regulatory provisions include:

(1) West Virginia Code of State Regulations, Title 33: Office of Waste Management Rule, Series 30: Underground Storage Tanks
Section 33-30-1 General
Section 33-30-2 Adoption of Federal Regulations
Section 33-30-4 Notification Requirements, except § 33-30-4.2.b and 4.4.b
[ 58 FR 58625, Nov. 2, 1993]
Editorial Note:
For Federal Register citations affecting appendix A to part 282, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code