[Title 40 CFR A]
[Code of Federal Regulations (annual edition) - July 1, 2002 Edition]
[Title 40 - PROTECTION OF ENVIRONMENT]
[Chapter I - ENVIRONMENTAL PROTECTION]
[Subchapter I - SOLID WASTES (CONTINUED)]
[Part 280 - TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS (UST)]
[Subpart A - Program Scope and Interim Prohibition]
[From the U.S. Government Printing Office]


40PROTECTION OF ENVIRONMENT232002-07-012002-07-01falseProgram Scope and Interim ProhibitionASubpart APROTECTION OF ENVIRONMENTENVIRONMENTAL PROTECTIONSOLID WASTES (CONTINUED)TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS (UST)
            Subpart A--Program Scope and Interim Prohibition



Sec. 280.10  Applicability.

    (a) The requirements of this part apply to all owners and operators 
of an UST system as defined in Sec. 280.12 except as otherwise provided 
in paragraphs (b), (c), and (d) of this section. Any UST system listed 
in paragraph (c) of this section must meet the requirements of 
Sec. 280.11.
    (b) The following UST systems are excluded from the requirements of 
this part:
    (1) Any UST system holding hazardous wastes listed or identified 
under Subtitle C of the Solid Waste Disposal Act, or a mixture of such 
hazardous waste and other regulated substances.
    (2) Any wastewater treatment tank system that is part of a 
wastewater treatment facility regulated under section 402 or 307(b) of 
the Clean Water Act.
    (3) Equipment or machinery that contains regulated substances for 
operational purposes such as hydraulic lift tanks and electrical 
equipment tanks.
    (4) Any UST system whose capacity is 110 gallons or less.
    (5) Any UST system that contains a de minimis concentration of 
regulated substances.
    (6) Any emergency spill or overflow containment UST system that is 
expeditiously emptied after use.
    (c) Deferrals. Subparts B, C, D, E, and G do not apply to any of the 
following types of UST systems:
    (1) Wastewater treatment tank systems;
    (2) Any UST systems containing radioactive material that are 
regulated under the Atomic Energy Act of 1954 (42 U.S.C. 2011 and 
following);
    (3) Any UST system that is part of an emergency generator system at 
nuclear power generation facilities regulated by the Nuclear Regulatory 
Commission under 10 CFR part 50, appendix A;
    (4) Airport hydrant fuel distribution systems; and
    (5) UST systems with field-constructed tanks.
    (d) Deferrals. Subpart D does not apply to any UST system that 
stores fuel solely for use by emergency power generators.



Sec. 280.11  Interim prohibition for deferred UST systems.

    (a) No person may install an UST system listed in Sec. 280.10(c) for 
the purpose of storing regulated substances unless the UST system 
(whether of single- or double-wall construction):
    (1) Will prevent releases due to corrosion or structural failure for 
the operational life of the UST system;
    (2) Is cathodically protected against corrosion, constructed of 
noncorrodible material, steel clad with a noncorrodible material, or 
designed in a manner to prevent the release or threatened release of any 
stored substance; and
    (3) Is constructed or lined with material that is compatible with 
the stored substance.
    (b) Notwithstanding paragraph (a) of this section, an UST system 
without corrosion protection may be installed at a site that is 
determined by a corrosion expert not to be corrosive enough to cause it 
to have a release due to corrosion during its operating life. Owners and 
operators must maintain records that demonstrate compliance with the 
requirements of this paragraph for the remaining life of the tank.
    Note: The National Association of Corrosion Engineers Standard RP-
02-85, ``Control of External Corrosion on Metallic Buried, Partially 
Buried, or Submerged Liquid Storage Systems,'' may be used as guidance 
for complying with paragraph (b) of this section.

[[Page 463]]



Sec. 280.12  Definitions.

    Aboveground release means any release to the surface of the land or 
to surface water. This includes, but is not limited to, releases from 
the above-ground portion of an UST system and aboveground releases 
associated with overfills and transfer operations as the regulated 
substance moves to or from an UST system.
    Ancillary equipment means any devices including, but not limited to, 
such devices as piping, fittings, flanges, valves, and pumps used to 
distribute, meter, or control the flow of regulated substances to and 
from an UST.
    Belowground release means any release to the subsurface of the land 
and to ground water. This includes, but is not limited to, releases from 
the belowground portions of an underground storage tank system and 
belowground releases associated with overfills and transfer operations 
as the regulated substance moves to or from an underground storage tank.
    Beneath the surface of the ground means beneath the ground surface 
or otherwise covered with earthen materials.
    Cathodic protection is a technique to prevent corrosion of a metal 
surface by making that surface the cathode of an electrochemical cell. 
For example, a tank system can be cathodically protected through the 
application of either galvanic anodes or impressed current.
    Cathodic protection tester means a person who can demonstrate an 
understanding of the principles and measurements of all common types of 
cathodic protection systems as applied to buried or submerged metal 
piping and tank systems. At a minimum, such persons must have education 
and experience in soil resistivity, stray current, structure-to-soil 
potential, and component electrical isolation measurements of buried 
metal piping and tank systems.
    CERCLA means the Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980, as amended.
    Compatible means the ability of two or more substances to maintain 
their respective physical and chemical properties upon contact with one 
another for the design life of the tank system under conditions likely 
to be encountered in the UST.
    Connected piping means all underground piping including valves, 
elbows, joints, flanges, and flexible connectors attached to a tank 
system through which regulated substances flow. For the purpose of 
determining how much piping is connected to any individual UST system, 
the piping that joins two UST systems should be allocated equally 
between them.
    Consumptive use with respect to heating oil means consumed on the 
premises.
    Corrosion expert means a person who, by reason of thorough knowledge 
of the physical sciences and the principles of engineering and 
mathematics acquired by a professional education and related practical 
experience, is qualified to engage in the practice of corrosion control 
on buried or submerged metal piping systems and metal tanks. Such a 
person must be accredited or certified as being qualified by the 
National Association of Corrosion Engineers or be a registered 
professional engineer who has certification or licensing that includes 
education and experience in corrosion control of buried or submerged 
metal piping systems and metal tanks.
    Dielectric material means a material that does not conduct direct 
electrical current. Dielectric coatings are used to electrically isolate 
UST systems from the surrounding soils. Dielectric bushings are used to 
electrically isolate portions of the UST system (e.g., tank from 
piping).
    Electrical equipment means underground equipment that contains 
dielectric fluid that is necessary for the operation of equipment such 
as transformers and buried electrical cable.
    Excavation zone means the volume containing the tank system and 
backfill material bounded by the ground surface, walls, and floor of the 
pit and trenches into which the UST system is placed at the time of 
installation.
    Existing tank system means a tank system used to contain an 
accumulation of regulated substances or for which installation has 
commenced on or before December 22, 1988. Installation is considered to 
have commenced if:

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    (a) The owner or operator has obtained all federal, state, and local 
approvals or permits necessary to begin physical construction of the 
site or installation of the tank system; and if,
    (b)(1) Either a continuous on-site physical construction or 
installation program has begun; or,
    (2) The owner or operator has entered into contractual obligations--
which cannot be cancelled or modified without substantial loss--for 
physical construction at the site or installation of the tank system to 
be completed within a reasonable time.
    Farm tank is a tank located on a tract of land devoted to the 
production of crops or raising animals, including fish, and associated 
residences and improvements. A farm tank must be located on the farm 
property. ``Farm'' includes fish hatcheries, rangeland and nurseries 
with growing operations.
    Flow-through process tank is a tank that forms an integral part of a 
production process through which there is a steady, variable, recurring, 
or intermittent flow of materials during the operation of the process. 
Flow-through process tanks do not include tanks used for the storage of 
materials prior to their introduction into the production process or for 
the storage of finished products or by-products from the production 
process.
    Free product refers to a regulated substance that is present as a 
non-aqueous phase liquid (e.g., liquid not dissolved in water.)
    Gathering lines means any pipeline, equipment, facility, or building 
used in the transportation of oil or gas during oil or gas production or 
gathering operations.
    Hazardous substance UST system means an underground storage tank 
system that contains a hazardous substance defined in section 101(14) of 
the Comprehensive Environmental Response, Compensation and Liability Act 
of 1980 (but not including any substance regulated as a hazardous waste 
under subtitle C) or any mixture of such substances and petroleum, and 
which is not a petroleum UST system.
    Heating oil means petroleum that is No. 1, No. 2, No. 4--light, No. 
4--heavy, No. 5--light, No. 5--heavy, and No. 6 technical grades of fuel 
oil; other residual fuel oils (including Navy Special Fuel Oil and 
Bunker C); and other fuels when used as substitutes for one of these 
fuel oils. Heating oil is typically used in the operation of heating 
equipment, boilers, or furnaces.
    Hydraulic lift tank means a tank holding hydraulic fluid for a 
closed-loop mechanical system that uses compressed air or hydraulic 
fluid to operate lifts, elevators, and other similar devices.
    Implementing agency means EPA, or, in the case of a state with a 
program approved under section 9004 (or pursuant to a memorandum of 
agreement with EPA), the designated state or local agency responsible 
for carrying out an approved UST program.
    Liquid trap means sumps, well cellars, and other traps used in 
association with oil and gas production, gathering, and extraction 
operations (including gas production plants), for the purpose of 
collecting oil, water, and other liquids. These liquid traps may 
temporarily collect liquids for subsequent disposition or reinjection 
into a production or pipeline stream, or may collect and separate 
liquids from a gas stream.
    Maintenance means the normal operational upkeep to prevent an 
underground storage tank system from releasing product.
    Motor fuel means petroleum or a petroleum-based substance that is 
motor gasoline, aviation gasoline, No. 1 or No. 2 diesel fuel, or any 
grade of gasohol, and is typically used in the operation of a motor 
engine.
    New tank system means a tank system that will be used to contain an 
accumulation of regulated substances and for which installation has 
commenced after December 22, 1988. (See also ``Existing Tank System.'')
    Noncommercial purposes with respect to motor fuel means not for 
resale.
    On the premises where stored with respect to heating oil means UST 
systems located on the same property where the stored heating oil is 
used.
    Operational life refers to the period beginning when installation of 
the tank system has commenced until the time the tank system is properly 
closed under Subpart G.

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    Operator means any person in control of, or having responsibility 
for, the daily operation of the UST system.
    Overfill release is a release that occurs when a tank is filled 
beyond its capacity, resulting in a discharge of the regulated substance 
to the environment.
    Owner means:
    (a) In the case of an UST system in use on November 8, 1984, or 
brought into use after that date, any person who owns an UST system used 
for storage, use, or dispensing of regulated substances; and
    (b) In the case of any UST system in use before November 8, 1984, 
but no longer in use on that date, any person who owned such UST 
immediately before the discontinuation of its use.
    Person means an individual, trust, firm, joint stock company, 
Federal agency, corporation, state, municipality, commission, political 
subdivision of a state, or any interstate body. ``Person'' also includes 
a consortium, a joint venture, a commercial entity, and the United 
States Government.
    Petroleum UST system means an underground storage tank system that 
contains petroleum or a mixture of petroleum with de minimis quantities 
of other regulated substances. Such systems include those containing 
motor fuels, jet fuels, distillate fuel oils, residual fuel oils, 
lubricants, petroleum solvents, and used oils.
    Pipe or Piping means a hollow cylinder or tubular conduit that is 
constructed of non-earthen materials.
    Pipeline facilities (including gathering lines) are new and existing 
pipe rights-of-way and any associated equipment, facilities, or 
buildings.
    Regulated substance means:
    (a) Any substance defined in section 101(14) of the Comprehensive 
Environmental Response, Compensation and Liability Act (CERCLA) of 1980 
(but not including any substance regulated as a hazardous waste under 
subtitle C), and
    (b) Petroleum, including crude oil or any fraction thereof that is 
liquid at standard conditions of temperature and pressure (60 degrees 
Fahrenheit and 14.7 pounds per square inch absolute).

The term ``regulated substance'' includes but is not limited to 
petroleum and petroleum-based substances comprised of a complex blend of 
hydrocarbons derived from crude oil though processes of separation, 
conversion, upgrading, and finishing, such as motor fuels, jet fuels, 
distillate fuel oils, residual fuel oils, lubricants, petroleum 
solvents, and used oils.
    Release means any spilling, leaking, emitting, discharging, 
escaping, leaching or disposing from an UST into ground water, surface 
water or subsurface soils.
    Release detection means determining whether a release of a regulated 
substance has occurred from the UST system into the environment or into 
the interstitial space between the UST system and its secondary barrier 
or secondary containment around it.
    Repair means to restore a tank or UST system component that has 
caused a release of product from the UST system.
    Residential tank is a tank located on property used primarily for 
dwelling purposes.
    SARA means the Superfund Amendments and Reauthorization Act of 1986.
    Septic tank is a water-tight covered receptacle designed to receive 
or process, through liquid separation or biological digestion, the 
sewage discharged from a building sewer. The effluent from such 
receptacle is distributed for disposal through the soil and settled 
solids and scum from the tank are pumped out periodically and hauled to 
a treatment facility.
    Storm-water or wastewater collection system means piping, pumps, 
conduits, and any other equipment necessary to collect and transport the 
flow of surface water run-off resulting from precipitation, or domestic, 
commercial, or industrial wastewater to and from retention areas or any 
areas where treatment is designated to occur. The collection of storm 
water and wastewater does not include treatment except where incidental 
to conveyance.
    Surface impoundment is a natural topographic depression, man-made 
excavation, or diked area formed primarily of earthen materials 
(although it may be lined with man-made materials) that is not an 
injection well.
    Tank is a stationary device designed to contain an accumulation of 
regulated substances and constructed of

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non-earthen materials (e.g., concrete, steel, plastic) that provide 
structural support.
    Underground area means an underground room, such as a basement, 
cellar, shaft or vault, providing enough space for physical inspection 
of the exterior of the tank situated on or above the surface of the 
floor.
    Underground release means any belowground release.
    Underground storage tank or UST means any one or combination of 
tanks (including underground pipes connected thereto) that is used to 
contain an accumulation of regulated substances, and the volume of which 
(including the volume of underground pipes connected thereto) is 10 
percent or more beneath the surface of the ground. This term does not 
include any:
    (a) Farm or residential tank of 1,100 gallons or less capacity used 
for storing motor fuel for noncommercial purposes;
    (b) Tank used for storing heating oil for consumptive use on the 
premises where stored;
    (c) Septic tank;
    (d) Pipeline facility (including gathering lines) regulated under:
    (1) The Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. App. 
1671, et seq.), or
    (2) The Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C. App. 
2001, et seq.), or
    (3) Which is an intrastate pipeline facility regulated under state 
laws comparable to the provisions of the law referred to in paragraph 
(d)(1) or (d)(2) of this definition;
    (e) Surface impoundment, pit, pond, or lagoon;
    (f) Storm-water or wastewater collection system;
    (g) Flow-through process tank;
    (h) Liquid trap or associated gathering lines directly related to 
oil or gas production and gathering operations; or
    (i) Storage tank situated in an underground area (such as a 
basement, cellar, mineworking, drift, shaft, or tunnel) if the storage 
tank is situated upon or above the surface of the floor.

The term ``underground storage tank'' or ``UST'' does not include any 
pipes connected to any tank which is described in paragraphs (a) through 
(i) of this definition.
    Upgrade means the addition or retrofit of some systems such as 
cathodic protection, lining, or spill and overfill controls to improve 
the ability of an underground storage tank system to prevent the release 
of product.
    UST system or Tank system means an underground storage tank, 
connected underground piping, underground ancillary equipment, and 
containment system, if any.
    Wastewater treatment tank means a tank that is designed to receive 
and treat an influent wastewater through physical, chemical, or 
biological methods.