[Title 40 CFR 280]
[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)]
[From the U.S. Government Printing Office]


40PROTECTION OF ENVIRONMENT232002-07-012002-07-01falseTECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS (UST)280PART 280PROTECTION OF ENVIRONMENTENVIRONMENTAL PROTECTIONSOLID WASTES (CONTINUED)
PART 280--TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS (UST)--Table of Contents




            Subpart A--Program Scope and Interim Prohibition

Sec.
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.
280.44 Methods of release detection for piping.
280.45 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 ground-water 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.

                   Subpart H--Financial Responsibility

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 Local government bond rating test.
280.105 Local government financial test.
280.106 Local government guarantee.
280.107 Local government fund.
280.108 Substitution of financial assurance mechanisms by owner or 
          operator.
280.109 Cancellation or nonrenewal by a provider of financial assurance.
280.110 Reporting by owner or operator.
280.111 Recordkeeping.
280.112 Drawing on financial assurance mechanisms.
280.113 Release from the requirements.
280.114 Bankruptcy or other incapacity of owner or operator or provider 
          of financial assurance.
280.115 Replenishment of guarantees, letters of credit, or surety bonds.
280.116 Suspension of enforcement. [Reserved]

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                       Subpart I--Lender Liability

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.

Appendix I to Part 280--Notification for Underground Storage Tanks 
          (Form)
Appendix II to Part 280--List of Agencies Designated to Receive 
          Notifications
Appendix III to Part 280--Statement for Shipping Tickets and Invoices

    Authority: 42 U.S.C. 6912, 6991, 6991a, 6991b, 6991c, 6991d, 6991e, 
6991f, 6991g, 6991h.

    Source: 53 FR 37194, Sept. 23, 1988, unless otherwise noted.



            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

[[Page 466]]

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.



     Subpart B--UST Systems: Design, Construction, Installation and 
                              Notification



Sec. 280.20  Performance standards for new UST systems.

    In order to prevent releases due to structural failure, corrosion, 
or spills and overfills for as long as the UST system is used to store 
regulated substances, all owners and operators of new UST systems must 
meet the following requirements.
    (a) Tanks. Each tank must be properly designed and constructed, and 
any portion underground that routinely contains product must be 
protected from corrosion, in accordance with a code of practice 
developed by a nationally recognized association or independent testing 
laboratory as specified below:
    (1) The tank is constructed of fiberglass-reinforced plastic; or
    Note: The following industry codes may be used to comply with 
paragraph (a)(1) of this section: Underwriters Laboratories Standard 
1316, ``Standard for Glass- Fiber-Reinforced Plastic Underground Storage 
Tanks for Petroleum Products''; Underwriter's Laboratories of Canada 
CAN4-S615-M83, ``Standard for Reinforced Plastic Underground Tanks for 
Petroleum Products''; or American Society of Testing and Materials 
Standard D4021-86, ``Standard Specification for Glass-Fiber-Reinforced 
Polyester Underground Petroleum Storage Tanks.''
    (2) The tank is constructed of steel and cathodically protected in 
the following manner:

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    (i) The tank is coated with a suitable dielectric material;
    (ii) Field-installed cathodic protection systems are designed by a 
corrosion expert;
    (iii) Impressed current systems are designed to allow determination 
of current operating status as required in Sec. 280.31(c); and
    (iv) Cathodic protection systems are operated and maintained in 
accordance with Sec. 280.31 or according to guidelines established by 
the implementing agency; or
    Note: The following codes and standards may be used to comply with 
paragraph (a)(2) of this section:
    (A) Steel Tank Institute ``Specification for STI-P3 System of 
External Corrosion Protection of Underground Steel Storage Tanks'';
    (B) Underwriters Laboratories Standard 1746, ``Corrosion Protection 
Systems for Underground Storage Tanks'';
    (C) Underwriters Laboratories of Canada CAN4-S603-M85, ``Standard 
for Steel Underground Tanks for Flammable and Combustible Liquids,'' and 
CAN4-G03.1-M85, ``Standard for Galvanic Corrosion Protection Systems for 
Underground Tanks for Flammable and Combustible Liquids,'' and CAN4-
S631-M84, ``Isolating Bushings for Steel Underground Tanks Protected 
with Coatings and Galvanic Systems''; or
    (D) National Association of Corrosion Engineers Standard RP-02-85, 
``Control of External Corrosion on Metallic Buried, Partially Buried, or 
Submerged Liquid Storage Systems,'' and Underwriters Laboratories 
Standard 58, ``Standard for Steel Underground Tanks for Flammable and 
Combustible Liquids.''
    (3) The tank is constructed of a steel-fiberglass-reinforced-plastic 
composite; or
    Note: The following industry codes may be used to comply with 
paragraph (a)(3) of this section: Underwriters Laboratories Standard 
1746, ``Corrosion Protection Systems for Underground Storage Tanks,'' or 
the Association for Composite Tanks ACT-100, ``Specification for the 
Fabrication of FRP Clad Underground Storage Tanks.''
    (4) The tank is constructed of metal without additional corrosion 
protection measures provided that:
    (i) The tank is 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; and
    (ii) Owners and operators maintain records that demonstrate 
compliance with the requirements of paragraphs (a)(4)(i) for the 
remaining life of the tank; or
    (5) The tank construction and corrosion protection are determined by 
the implementing agency to be designed to prevent the release or 
threatened release of any stored regulated substance in a manner that is 
no less protective of human health and the environment than paragraphs 
(a) (1) through (4) of this section.
    (b) Piping. The piping that routinely contains regulated substances 
and is in contact with the ground must be properly designed, 
constructed, and protected from corrosion in accordance with a code of 
practice developed by a nationally recognized association or independent 
testing laboratory as specified below:
    (1) The piping is constructed of fiberglass-reinforced plastic; or
    Note: The following codes and standards may be used to comply with 
paragraph (b)(1) of this section:
    (A) Underwriters Laboratories Subject 971, ``UL Listed Non-Metal 
Pipe'';
    (B) Underwriters Laboratories Standard 567, ``Pipe Connectors for 
Flammable and Combustible and LP Gas'';
    (C) Underwriters Laboratories of Canada Guide ULC-107, ``Glass Fiber 
Reinforced Plastic Pipe and Fittings for Flammable Liquids''; and
    (D) Underwriters Laboratories of Canada Standard CAN 4-S633-M81, 
``Flexible Underground Hose Connectors.''
    (2) The piping is constructed of steel and cathodically protected in 
the following manner:
    (i) The piping is coated with a suitable dielectric material;
    (ii) Field-installed cathodic protection systems are designed by a 
corrosion expert;
    (iii) Impressed current systems are designed to allow determination 
of current operating status as required in Sec. 280.31(c); and
    (iv) Cathodic protection systems are operated and maintained in 
accordance with Sec. 280.31 or guidelines established by the 
implementing agency; or
    Note: The following codes and standards may be used to comply with 
paragraph (b)(2) of this section:
    (A) National Fire Protection Association Standard 30, ``Flammable 
and Combustible Liquids Code'';

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    (B) American Petroleum Institute Publication 1615, ``Installation of 
Underground Petroleum Storage Systems'';
    (C) American Petroleum Institute Publication 1632, ``Cathodic 
Protection of Underground Petroleum Storage Tanks and Piping Systems''; 
and
    (D) National Association of Corrosion Engineers Standard RP-01-69, 
``Control of External Corrosion on Submerged Metallic Piping Systems.''
    (3) The piping is constructed of metal without additional corrosion 
protection measures provided that:
    (i) The piping is installed at a site that is determined by a 
corrosion expert to not be corrosive enough to cause it to have a 
release due to corrosion during its operating life; and
    (ii) Owners and operators maintain records that demonstrate 
compliance with the requirements of paragraph (b)(3)(i) of this section 
for the remaining life of the piping; or
    Note: National Fire Protection Association Standard 30, ``Flammable 
and Combustible Liquids Code''; and National Association of Corrosion 
Engineers Standard RP-01-69, ``Control of External Corrosion on 
Submerged Metallic Piping Systems,'' may be used to comply with 
paragraph (b)(3) of this section.
    (4) The piping construction and corrosion protection are determined 
by the implementing agency to be designed to prevent the release or 
threatened release of any stored regulated substance in a manner that is 
no less protective of human health and the environment than the 
requirements in paragraphs (b) (1) through (3) of this section.
    (c) Spill and overfill prevention equipment. (1) Except as provided 
in paragraph (c)(2) of this section, to prevent spilling and overfilling 
associated with product transfer to the UST system, owners and operators 
must use the following spill and overfill prevention equipment:
    (i) Spill prevention equipment that will prevent release of product 
to the environment when the transfer hose is detached from the fill pipe 
(for example, a spill catchment basin); and
    (ii) Overfill prevention equipment that will:
    (A) Automatically shut off flow into the tank when the tank is no 
more than 95 percent full; or
    (B) Alert the transfer operator when the tank is no more than 90 
percent full by restricting the flow into the tank or triggering a high-
level alarm; or
    (C) Restrict flow 30 minutes prior to overfilling, alert the 
operator with a high level alarm one minute before overfilling, or 
automatically shut off flow into the tank so that none of the fittings 
located on top of the tank are exposed to product due to overfilling.
    (2) Owners and operators are not required to use the spill and 
overfill prevention equipment specified in paragraph (c)(1) of this 
section if:
    (i) Alternative equipment is used that is determined by the 
implementing agency to be no less protective of human health and the 
environment than the equipment specified in paragraph (c)(1) (i) or (ii) 
of this section; or
    (ii) The UST system is filled by transfers of no more than 25 
gallons at one time.
    (d) Installation. All tanks and piping must be properly installed in 
accordance with a code of practice developed by a nationally recognized 
association or independent testing laboratory and in accordance with the 
manufacturer's instructions.
    Note: Tank and piping system installation practices and procedures 
described in the following codes may be used to comply with the 
requirements of paragraph (d) of this section:
    (i) American Petroleum Institute Publication 1615, ``Installation of 
Underground Petroleum Storage System''; or
    (ii) Petroleum Equipment Institute Publication RP100, ``Recommended 
Practices for Installation of Underground Liquid Storage Systems''; or
    (iii) American National Standards Institute Standard B31.3, 
``Petroleum Refinery Piping,'' and American National Standards Institute 
Standard B31.4 ``Liquid Petroleum Transportation Piping System.''
    (e) Certification of installation. All owners and operators must 
ensure that one or more of the following methods of certification, 
testing, or inspection is used to demonstrate compliance with paragraph 
(d) of this section by providing a certification of compliance on the 
UST notification form in accordance with Sec. 280.22.
    (1) The installer has been certified by the tank and piping 
manufacturers; or

[[Page 469]]

    (2) The installer has been certified or licensed by the implementing 
agency; or
    (3) The installation has been inspected and certified by a 
registered professional engineer with education and experience in UST 
system installation; or
    (4) The installation has been inspected and approved by the 
implementing agency; or
    (5) All work listed in the manufacturer's installation checklists 
has been completed; or
    (6) The owner and operator have complied with another method for 
ensuring compliance with paragraph (d) of this section that is 
determined by the implementing agency to be no less protective of human 
health and the environment.

[53 FR 37194, Sept. 23, 1988, as amended at 56 FR 38344, Aug. 13, 1991]



Sec. 280.21  Upgrading of existing UST systems.

    (a) Alternatives allowed. Not later than December 22, 1998, all 
existing UST systems must comply with one of the following requirements:
    (1) New UST system performance standards under Sec. 280.20;
    (2) The upgrading requirements in paragraphs (b) through (d) of this 
section; or
    (3) Closure requirements under subpart G of this part, including 
applicable requirements for corrective action under subpart F.
    (b) Tank upgrading requirements. Steel tanks must be upgraded to 
meet one of the following requirements in accordance with a code of 
practice developed by a nationally recognized association or independent 
testing laboratory:
    (1) Interior lining. A tank may be upgraded by internal lining if:
    (i) The lining is installed in accordance with the requirements of 
Sec. 280.33, and
    (ii) Within 10 years after lining, and every 5 years thereafter, the 
lined tank is internally inspected and found to be structurally sound 
with the lining still performing in accordance with original design 
specifications.
    (2) Cathodic protection. A tank may be upgraded by cathodic 
protection if the cathodic protection system meets the requirements of 
Sec. 280.20(a)(2) (ii), (iii), and (iv) and the integrity of the tank is 
ensured using one of the following methods:
    (i) The tank is internally inspected and assessed to ensure that the 
tank is structurally sound and free of corrosion holes prior to 
installing the cathodic protection system; or
    (ii) The tank has been installed for less than 10 years and is 
monitored monthly for releases in accordance with Sec. 280.43 (d) 
through (h); or
    (iii) The tank has been installed for less than 10 years and is 
assessed for corrosion holes by conducting two (2) tightness tests that 
meet the requirements of Sec. 280.43(c). The first tightness test must 
be conducted prior to installing the cathodic protection system. The 
second tightness test must be conducted between three (3) and six (6) 
months following the first operation of the cathodic protection system; 
or
    (iv) The tank is assessed for corrosion holes by a method that is 
determined by the implementing agency to prevent releases in a manner 
that is no less protective of human health and the environment than 
paragraphs (b)(2) (i) through (iii) of this section.
    (3) Internal lining combined with cathodic protection. A tank may be 
upgraded by both internal lining and cathodic protection if:
    (i) The lining is installed in accordance with the requirements of 
Sec. 280.33; and
    (ii) The cathodic protection system meets the requirements of 
Sec. 280.20(a)(2) (ii), (iii), and (iv).
    Note: The following codes and standards may be used to comply with 
this section:
    (A) American Petroleum Institute Publication 1631, ``Recommended 
Practice for the Interior Lining of Existing Steel Underground Storage 
Tanks'';
    (B) National Leak Prevention Association Standard 631, ``Spill 
Prevention, Minimum 10 Year Life Extension of Existing Steel Underground 
Tanks by Lining Without the Addition of Cathodic Protection'';
    (C) National Association of Corrosion Engineers Standard RP-02-85, 
``Control of External Corrosion on Metallic Buried, Partially Buried, or 
Submerged Liquid Storage Systems''; and
    (D) American Petroleum Institute Publication 1632, ``Cathodic 
Protection of Underground Petroleum Storage Tanks and Piping Systems.''

[[Page 470]]

    (c) Piping upgrading requirements. Metal piping that routinely 
contains regulated substances and is in contact with the ground must be 
cathodically protected in accordance with a code of practice developed 
by a nationally recognized association or independent testing laboratory 
and must meet the requirements of Sec. 280.20(b)(2) (ii), (iii), and 
(iv).
    Note: The codes and standards listed in the note following 
Sec. 280.20(b)(2) may be used to comply with this requirement.
    (d) Spill and overfill prevention equipment. To prevent spilling and 
overfilling associated with product transfer to the UST system, all 
existing UST systems must comply with new UST system spill and overfill 
prevention equipment requirements specified in Sec. 280.20(c).



Sec. 280.22  Notification requirements.

    (a) Any owner who brings an underground storage tank system into use 
after May 8, 1986, must within 30 days of bringing such tank into use, 
submit, in the form prescribed in appendix I of this part, a notice of 
existence of such tank system to the state or local agency or department 
designated in appendix II of this part to receive such notice.

    Note: Owners and operators of UST systems that were in the ground on 
or after May 8, 1986, unless taken out of operation on or before January 
1, 1974, were required to notify the designated state or local agency in 
accordance with the Hazardous and Solid Waste Amendments of 1984, Pub. 
L. 98-616, on a form published by EPA on November 8, 1985 (50 FR 46602) 
unless notice was given pursuant to section 103(c) of CERCLA. Owners and 
operators who have not complied with the notification requirements may 
use portions I through VI of the notification form contained in appendix 
I of this part.
    (b) In states where state law, regulations, or procedures require 
owners to use forms that differ from those set forth in appendix I of 
this part to fulfill the requirements of this section, the state forms 
may be submitted in lieu of the forms set forth in Appendix I of this 
part. If a state requires that its form be used in lieu of the form 
presented in this regulation, such form must meet the requirements of 
section 9002.
    (c) Owners required to submit notices under paragraph (a) of this 
section must provide notices to the appropriate agencies or departments 
identified in appendix II of this part for each tank they own. Owners 
may provide notice for several tanks using one notification form, but 
owners who own tanks located at more than one place of operation must 
file a separate notification form for each separate place of operation.
    (d) Notices required to be submitted under paragraph (a) of this 
section must provide all of the information in sections I through VI of 
the prescribed form (or appropriate state form) for each tank for which 
notice must be given. Notices for tanks installed after December 22, 
1988 must also provide all of the information in section VII of the 
prescribed form (or appropriate state form) for each tank for which 
notice must be given.
    (e) All owners and operators of new UST systems must certify in the 
notification form compliance with the following requirements:
    (1) Installation of tanks and piping under Sec. 280.20(e);
    (2) Cathodic protection of steel tanks and piping under Sec. 280.20 
(a) and (b);
    (3) Financial responsibility under subpart H of this part; and
    (4) Release detection under Secs. 280.41 and 280.42.
    (f) All owners and operators of new UST systems must ensure that the 
installer certifies in the notification form that the methods used to 
install the tanks and piping complies with the requirements in 
Sec. 280.20(d).
    (g) Beginning October 24, 1988, any person who sells a tank intended 
to be used as an underground storage tank must notify the purchaser of 
such tank of the owner's notification obligations under paragraph (a) of 
this section. The form provided in appendix III of this part may be used 
to comply with this requirement.

[[Page 471]]



                Subpart C--General Operating Requirements



Sec. 280.30  Spill and overfill control.

    (a) Owners and operators must ensure that releases due to spilling 
or overfilling do not occur. The owner and operator must ensure that the 
volume available in the tank is greater than the volume of product to be 
transferred to the tank before the transfer is made and that the 
transfer operation is monitored constantly to prevent overfilling and 
spilling.
    Note: The transfer procedures described in National Fire Protection 
Association Publication 385 may be used to comply with paragraph (a) of 
this section. Further guidance on spill and overfill prevention appears 
in American Petroleum Institute Publication 1621, ``Recommended Practice 
for Bulk Liquid Stock Control at Retail Outlets,'' and National Fire 
Protection Association Standard 30, ``Flammable and Combustible Liquids 
Code.''
    (b) The owner and operator must report, investigate, and clean up 
any spills and overfills in accordance with Sec. 280.53.



Sec. 280.31  Operation and maintenance of corrosion protection.

    All owners and operators of steel UST systems with corrosion 
protection must comply with the following requirements to ensure that 
releases due to corrosion are prevented for as long as the UST system is 
used to store regulated substances:
    (a) All corrosion protection systems must be operated and maintained 
to continuously provide corrosion protection to the metal components of 
that portion of the tank and piping that routinely contain regulated 
substances and are in contact with the ground.
    (b) All UST systems equipped with cathodic protection systems must 
be inspected for proper operation by a qualified cathodic protection 
tester in accordance with the following requirements:
    (1) Frequency. All cathodic protection systems must be tested within 
6 months of installation and at least every 3 years thereafter or 
according to another reasonable time frame established by the 
implementing agency; and
    (2) Inspection criteria. The criteria that are used to determine 
that cathodic protection is adequate as required by this section must be 
in accordance with a code of practice developed by a nationally 
recognized association.
    Note: 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 to comply with paragraph 
(b)(2) of this section.
    (c) UST systems with impressed current cathodic protection systems 
must also be inspected every 60 days to ensure the equipment is running 
properly.
    (d) For UST systems using cathodic protection, records of the 
operation of the cathodic protection must be maintained (in accordance 
with Sec. 280.34) to demonstrate compliance with the performance 
standards in this section. These records must provide the following:
    (1) The results of the last three inspections required in paragraph 
(c) of this section; and
    (2) The results of testing from the last two inspections required in 
paragraph (b) of this section.



Sec. 280.32  Compatibility.

    Owners and operators must use an UST system made of or lined with 
materials that are compatible with the substance stored in the UST 
system.
    Note: Owners and operators storing alcohol blends may use the 
following codes to comply with the requirements of this section:
    (a) American Petroleum Institute Publication 1626, ``Storing and 
Handling Ethanol and Gasoline-Ethanol Blends at Distribution Terminals 
and Service Stations''; and
    (b) American Petroleum Institute Publication 1627, ``Storage and 
Handling of Gasoline-Methanol/Cosolvent Blends at Distribution Terminals 
and Service Stations.''



Sec. 280.33  Repairs allowed.

    Owners and operators of UST systems must ensure that repairs will 
prevent releases due to structural failure or corrosion as long as the 
UST system is used to store regulated substances. The repairs must meet 
the following requirements:
    (a) Repairs to UST systems must be properly conducted in accordance 
with

[[Page 472]]

a code of practice developed by a nationally recognized association or 
an independent testing laboratory.
    Note: The following codes and standards may be used to comply with 
paragraph (a) of this section: National Fire Protection Association 
Standard 30, ``Flammable and Combustible Liquids Code''; American 
Petroleum Institute Publication 2200, ``Repairing Crude Oil, Liquified 
Petroleum Gas, and Product Pipelines''; American Petroleum Institute 
Publication 1631, ``Recommended Practice for the Interior Lining of 
Existing Steel Underground Storage Tanks''; and National Leak Prevention 
Association Standard 631, ``Spill Prevention, Minimum 10 Year Life 
Extension of Existing Steel Underground Tanks by Lining Without the 
Addition of Cathodic Protection.''
    (b) Repairs to fiberglass-reinforced plastic tanks may be made by 
the manufacturer's authorized representatives or in accordance with a 
code of practice developed by a nationally recognized association or an 
independent testing laboratory.
    (c) Metal pipe sections and fittings that have released product as a 
result of corrosion or other damage must be replaced. Fiberglass pipes 
and fittings may be repaired in accordance with the manufacturer's 
specifications.
    (d) Repaired tanks and piping must be tightness tested in accordance 
with Sec. 280.43(c) and Sec. 280.44(b) within 30 days following the date 
of the completion of the repair except as provided in paragraphs (d) (1) 
through (3), of this section:
    (1) The repaired tank is internally inspected in accordance with a 
code of practice developed by a nationally recognized association or an 
independent testing laboratory; or
    (2) The repaired portion of the UST system is monitored monthly for 
releases in accordance with a method specified in Sec. 280.43 (d) 
through (h); or
    (3) Another test method is used that is determined by the 
implementing agency to be no less protective of human health and the 
environment than those listed above.
    (e) Within 6 months following the repair of any cathodically 
protected UST system, the cathodic protection system must be tested in 
accordance with Sec. 280.31 (b) and (c) to ensure that it is operating 
properly.
    (f) UST system owners and operators must maintain records of each 
repair for the remaining operating life of the UST system that 
demonstrate compliance with the requirements of this section.



Sec. 280.34  Reporting and recordkeeping.

    Owners and operators of UST systems must cooperate fully with 
inspections, monitoring and testing conducted by the implementing 
agency, as well as requests for document submission, testing, and 
monitoring by the owner or operator pursuant to section 9005 of Subtitle 
I of the Resource Conservation and Recovery Act, as amended.
    (a) Reporting. Owners and operators must submit the following 
information to the implementing agency:
    (1) Notification for all UST systems (Sec. 280.22), which includes 
certification of installation for new UST systems (Sec. 280.20(e)),
    (2) Reports of all releases including suspected releases 
(Sec. 280.50), spills and overfills (Sec. 280.53), and confirmed 
releases (Sec. 280.61);
    (3) Corrective actions planned or taken including initial abatement 
measures (Sec. 280.62), initial site characterization (Sec. 280.63), 
free product removal (Sec. 280.64), investigation of soil and ground-
water cleanup (Sec. 280.65), and corrective action plan (Sec. 280.66); 
and
    (4) A notification before permanent closure or change-in-service 
(Sec. 280.71).
    (b) Recordkeeping. Owners and operators must maintain the following 
information:
    (1) A corrosion expert's analysis of site corrosion potential if 
corrosion protection equipment is not used (Sec. 280.20(a)(4); 
Sec. 280.20(b)(3)).
    (2) Documentation of operation of corrosion protection equipment 
(Sec. 280.31);
    (3) Documentation of UST system repairs (Sec. 280.33(f));
    (4) Recent compliance with release detection requirements 
(Sec. 280.45); and
    (5) Results of the site investigation conducted at permanent closure 
(Sec. 280.74).
    (c) Availability and Maintenance of Records. Owners and operators 
must keep the records required either:
    (1) At the UST site and immediately available for inspection by the 
implementing agency; or

[[Page 473]]

    (2) At a readily available alternative site and be provided for 
inspection to the implementing agency upon request.
    (3) In the case of permanent closure records required under 
Sec. 280.74, owners and operators are also provided with the additional 
alternative of mailing closure records to the implementing agency if 
they cannot be kept at the site or an alternative site as indicated 
above.



                      Subpart D--Release Detection



Sec. 280.40  General requirements for all UST systems.

    (a) Owners and operators of new and existing UST systems must 
provide a method, or combination of methods, of release detection that:
    (1) Can detect a release from any portion of the tank and the 
connected underground piping that routinely contains product;
    (2) Is installed, calibrated, operated, and maintained in accordance 
with the manufacturer's instructions, including routine maintenance and 
service checks for operability or running condition; and
    (3) Meets the performance requirements in Sec. 280.43 or 280.44, 
with any performance claims and their manner of determination described 
in writing by the equipment manufacturer or installer. In addition, 
methods used after the date shown in the following table corresponding 
with the specified method except for methods permanently installed prior 
to that date, must be capable of detecting the leak rate or quantity 
specified for that method in the corresponding section of the rule (also 
shown in the table) with a probability of detection (Pd) of 0.95 and a 
probability of false alarm (Pfa) of 0.05.

------------------------------------------------------------------------
                                               Date after which Pd/Pfa
            Method                Section        must be demonstrated
------------------------------------------------------------------------
Manual Tank Gauging...........    280.43(b)  December 22, 1990.
Tank Tightness Testing........    280.43(c)  December 22, 1990.
Automatic Tank Gauging........    280.43(d)  December 22, 1990.
Automatic Line Leak Detectors.    280.44(a)  September 22, 1991.
Line Tightness Testing........    280.44(b)  December 22, 1990.
------------------------------------------------------------------------

    (b) When a release detection method operated in accordance with the 
performance standards in Sec. 280.43 and Sec. 280.44 indicates a release 
may have occurred, owners and operators must notify the implementing 
agency in accordance with subpart E.
    (c) Owners and operators of all UST systems must comply with the 
release detection requirements of this subpart by December 22 of the 
year listed in the following table:

               Schedule for Phase-in of Release Detection
------------------------------------------------------------------------
                                Year when release detection is required
                                 (by December 22 of the year indicated)
  Year system was installed   ------------------------------------------
                                 1989     1990     1991    1992    1993
------------------------------------------------------------------------
Before 1965 or date unknown..  RD       P
1965-69......................  .......  P/RD
1970-74......................  .......  P        RD
1975-79......................  .......  P        .......  RD
1980-88......................  .......  P        .......  ......  RD
 
 New tanks (after December 22) immediately upon installation.
------------------------------------------------------------------------
P=Must begin release detection for all pressurized piping as defined in
  Sec.  280.41(b)(1).
RD=Must begin release detection for tanks and suction piping in
  accordance with Sec.  280.41(a), Sec.  280.41(b)(2), and Sec.  280.42.

    (d) Any existing UST system that cannot apply a method of release 
detection that complies with the requirements of this subpart must 
complete the closure procedures in subpart G by the date on which 
release detection is required for that UST system under paragraph (c) of 
this section.

[53 FR 37194, Sept. 23, 1988, as amended at 55 FR 17753, Apr. 27, 1990; 
55 FR 23738, June 12, 1990; 56 FR 26, Jan. 2, 1991]



Sec. 280.41  Requirements for petroleum UST systems.

    Owners and operators of petroleum UST systems must provide release 
detection for tanks and piping as follows:
    (a) Tanks. Tanks must be monitored at least every 30 days for 
releases using one of the methods listed in Sec. 280.43 (d) through (h) 
except that:
    (1) UST systems that meet the performance standards in Sec. 280.20 
or Sec. 280.21, and the monthly inventory control requirements in 
Sec. 280.43 (a) or (b), may use tank tightness testing (conducted in 
accordance with Sec. 280.43(c)) at least every 5 years until

[[Page 474]]

December 22, 1998, or until 10 years after the tank is installed or 
upgraded under Sec. 280.21(b), whichever is later;
    (2) UST systems that do not meet the performance standards in 
Sec. 280.20 or Sec. 280.21 may use monthly inventory controls (conducted 
in accordance with Sec. 280.43(a) or (b)) and annual tank tightness 
testing (conducted in accordance with Sec. 280.43(c)) until December 22, 
1998 when the tank must be upgraded under Sec. 280.21 or permanently 
closed under Sec. 280.71; and
    (3) Tanks with capacity of 550 gallons or less may use weekly tank 
gauging (conducted in accordance with Sec. 280.43(b)).
    (b) Piping. Underground piping that routinely contains regulated 
substances must be monitored for releases in a manner that meets one of 
the following requirements:
    (1) Pressurized piping. Underground piping that conveys regulated 
substances under pressure must:
    (i) Be equipped with an automatic line leak detector conducted in 
accordance with Sec. 280.44(a); and
    (ii) Have an annual line tightness test conducted in accordance with 
Sec. 280.44(b) or have monthly monitoring conducted in accordance with 
Sec. 280.44(c).
    (2) Suction piping. Underground piping that conveys regulated 
substances under suction must either have a line tightness test 
conducted at least every 3 years and in accordance with Sec. 280.44(b), 
or use a monthly monitoring method conduct in accordance with 
Sec. 280.44(c). No release detection is required for suction piping that 
is designed and constructed to meet the following standards:
    (i) The below-grade piping operates at less than atmospheric 
pressure;
    (ii) The below-grade piping is sloped so that the contents of the 
pipe will drain back into the storage tank if the suction is released;
    (iii) Only one check valve is included in each suction line;
    (iv) The check valve is located directly below and as close as 
practical to the suction pump; and
    (v) A method is provided that allows compliance with paragraphs 
(b)(2) (ii)-(iv) of this section to be readily determined.



Sec. 280.42  Requirements for hazardous substance UST systems.

    Owners and operators of hazardous substance UST systems must provide 
release detection that meets the following requirements:
    (a) Release detection at existing UST systems must meet the 
requirements for petroleum UST systems in Sec. 280.41. By December 22, 
1998, all existing hazardous substance UST systems must meet the release 
detection requirements for new systems in paragraph (b) of this section.
    (b) Release detection at new hazardous substance UST systems must 
meet the following requirements:
    (1) Secondary containment systems must be designed, constructed and 
installed to:
    (i) Contain regulated substances released from the tank system until 
they are detected and removed;
    (ii) Prevent the release of regulated substances to the environment 
at any time during the operational life of the UST system; and
    (iii) Be checked for evidence of a release at least every 30 days.
    Note.-- The provisions of 40 CFR 265.193, Containment and Detection 
of Releases, may be used to comply with these requirements.
    (2) Double-walled tanks must be designed, constructed, and installed 
to:
    (i) Contain a release from any portion of the inner tank within the 
outer wall; and
    (ii) Detect the failure of the inner wall.
    (3) External liners (including vaults) must be designed, 
constructed, and installed to:
    (i) Contain 100 percent of the capacity of the largest tank within 
its boundary;
    (ii) Prevent the interference of precipitation or ground-water 
intrusion with the ability to contain or detect a release of regulated 
substances; and
    (iii) Surround the tank completely (i.e., it is capable of 
preventing lateral as well as vertical migration of regulated 
substances).
    (4) Underground piping must be equipped with secondary containment 
that satisfies the requirements of paragraph (b)(1) of this section 
(e.g., trench liners, jacketing of double-walled pipe). In addition, 
underground piping that

[[Page 475]]

conveys regulated substances under pressure must be equipped with an 
automatic line leak detector in accordance with Sec. 280.44(a).
    (5) Other methods of release detection may be used if owners and 
operators:
    (i) Demonstrate to the implementing agency that an alternate method 
can detect a release of the stored substance as effectively as any of 
the methods allowed in Secs. 280.43(b) through (h) can detect a release 
of petroleum;
    (ii) Provide information to the implementing agency on effective 
corrective action technologies, health risks, and chemical and physical 
properties of the stored substance, and the characteristics of the UST 
site; and,
    (iii) Obtain approval from the implementing agency to use the 
alternate release detection method before the installation and operation 
of the new UST system.



Sec. 280.43  Methods of release detection for tanks.

    Each method of release detection for tanks used to meet the 
requirements of Sec. 280.41 must be conducted in accordance with the 
following:
    (a) Inventory control. Product inventory control (or another test of 
equivalent performance) must be conducted monthly to detect a release of 
at least 1.0 percent of flow-through plus 130 gallons on a monthly basis 
in the following manner:
    (1) Inventory volume measurements for regulated substance inputs, 
withdrawals, and the amount still remaining in the tank are recorded 
each operating day;
    (2) The equipment used is capable of measuring the level of product 
over the full range of the tank's height to the nearest one-eighth of an 
inch;
    (3) The regulated substance inputs are reconciled with delivery 
receipts by measurement of the tank inventory volume before and after 
delivery;
    (4) Deliveries are made through a drop tube that extends to within 
one foot of the tank bottom;
    (5) Product dispensing is metered and recorded within the local 
standards for meter calibration or an accuracy of 6 cubic inches for 
every 5 gallons of product withdrawn; and
    (6) The measurement of any water level in the bottom of the tank is 
made to the nearest one-eighth of an inch at least once a month.
    Note: Practices described in the American Petroleum Institute 
Publication 1621, ``Recommended Practice for Bulk Liquid Stock Control 
at Retail Outlets,'' may be used, where applicable, as guidance in 
meeting the requirements of this paragraph.
    (b) Manual tank gauging. Manual tank gauging must meet the following 
requirements:
    (1) Tank liquid level measurements are taken at the beginning and 
ending of a period of at least 36 hours during which no liquid is added 
to or removed from the tank;
    (2) Level measurements are based on an average of two consecutive 
stick readings at both the beginning and ending of the period;
    (3) The equipment used is capable of measuring the level of product 
over the full range of the tank's height to the nearest one-eighth of an 
inch;
    (4) A leak is suspected and subject to the requirements of subpart E 
if the variation between beginning and ending measurements exceeds the 
weekly or monthly standards in the following table:

------------------------------------------------------------------------
                                                       Monthly standard
      Nominal tank capacity         Weekly standard    (average of four
                                      (one test)            tests)
------------------------------------------------------------------------
550 gallons or less.............  10 gallons........  5 gallons.
551-1,000 gallons...............  13 gallons........  7 gallons.
1,001-2,000 gallons.............  26 gallons........  13 gallons.
------------------------------------------------------------------------

    (5) Only tanks of 550 gallons or less nominal capacity may use this 
as the sole method of release detection. Tanks of 551 to 2,000 gallons 
may use the method in place of manual inventory control in 
Sec. 280.43(a). Tanks of greater than 2,000 gallons nominal capacity may 
not use this method to meet the requirements of this subpart.
    (c) Tank tightness testing. Tank tightness testing (or another test 
of equivalent performance) must be capable of detecting a 0.1 gallon per 
hour leak rate from any portion of the tank that routinely contains 
product while accounting for the effects of thermal expansion or 
contraction of the product,

[[Page 476]]

vapor pockets, tank deformation, evaporation or condensation, and the 
location of the water table.
    (d) Automatic tank gauging. Equipment for automatic tank gauging 
that tests for the loss of product and conducts inventory control must 
meet the following requirements:
    (1) The automatic product level monitor test can detect a 0.2 gallon 
per hour leak rate from any portion of the tank that routinely contains 
product; and
    (2) Inventory control (or another test of equivalent performance) is 
conducted in accordance with the requirements of Sec. 280.43(a).
    (e) Vapor monitoring. Testing or monitoring for vapors within the 
soil gas of the excavation zone must meet the following requirements:
    (1) The materials used as backfill are sufficiently porous (e.g., 
gravel, sand, crushed rock) to readily allow diffusion of vapors from 
releases into the excavation area;
    (2) The stored regulated substance, or a tracer compound placed in 
the tank system, is sufficiently volatile (e.g., gasoline) to result in 
a vapor level that is detectable by the monitoring devices located in 
the excavation zone in the event of a release from the tank;
    (3) The measurement of vapors by the monitoring device is not 
rendered inoperative by the ground water, rainfall, or soil moisture or 
other known interferences so that a release could go undetected for more 
than 30 days;
    (4) The level of background contamination in the excavation zone 
will not interfere with the method used to detect releases from the 
tank;
    (5) The vapor monitors are designed and operated to detect any 
significant increase in concentration above background of the regulated 
substance stored in the tank system, a component or components of that 
substance, or a tracer compound placed in the tank system;
    (6) In the UST excavation zone, the site is assessed to ensure 
compliance with the requirements in paragraphs (e) (1) through (4) of 
this section and to establish the number and positioning of monitoring 
wells that will detect releases within the excavation zone from any 
portion of the tank that routinely contains product; and
    (7) Monitoring wells are clearly marked and secured to avoid 
unauthorized access and tampering.
    (f) Ground-water monitoring. Testing or monitoring for liquids on 
the ground water must meet the following requirements:
    (1) The regulated substance stored is immiscible in water and has a 
specific gravity of less than one;
    (2) Ground water is never more than 20 feet from the ground surface 
and the hydraulic conductivity of the soil(s) between the UST system and 
the monitoring wells or devices is not less than 0.01 cm/sec (e.g., the 
soil should consist of gravels, coarse to medium sands, coarse silts or 
other permeable materials);
    (3) The slotted portion of the monitoring well casing must be 
designed to prevent migration of natural soils or filter pack into the 
well and to allow entry of regulated substance on the water table into 
the well under both high and low ground-water conditions;
    (4) Monitoring wells shall be sealed from the ground surface to the 
top of the filter pack;
    (5) Monitoring wells or devices intercept the excavation zone or are 
as close to it as is technically feasible;
    (6) The continuous monitoring devices or manual methods used can 
detect the presence of at least one-eighth of an inch of free product on 
top of the ground water in the monitoring wells;
    (7) Within and immediately below the UST system excavation zone, the 
site is assessed to ensure compliance with the requirements in 
paragraphs (f) (1) through (5) of this section and to establish the 
number and positioning of monitoring wells or devices that will detect 
releases from any portion of the tank that routinely contains product; 
and
    (8) Monitoring wells are clearly marked and secured to avoid 
unauthorized access and tampering.
    (g) Interstitial monitoring. Interstitial monitoring between the UST 
system and a secondary barrier immediately around or beneath it may be 
used, but only if the system is designed, constructed and installed to 
detect a leak

[[Page 477]]

from any portion of the tank that routinely contains product and also 
meets one of the following requirements:
    (1) For double-walled UST systems, the sampling or testing method 
can detect a release through the inner wall in any portion of the tank 
that routinely contains product;
    Note: The provisions outlined in the Steel Tank Institute's 
``Standard for Dual Wall Underground Storage Tanks'' may be used as 
guidance for aspects of the design and construction of underground steel 
double-walled tanks.
    (2) For UST systems with a secondary barrier within the excavation 
zone, the sampling or testing method used can detect a release between 
the UST system and the secondary barrier;
    (i) The secondary barrier around or beneath the UST system consists 
of artificially constructed material that is sufficiently thick and 
impermeable (at least 10-6 cm/sec for the regulated substance 
stored) to direct a release to the monitoring point and permit its 
detection;
    (ii) The barrier is compatible with the regulated substance stored 
so that a release from the UST system will not cause a deterioration of 
the barrier allowing a release to pass through undetected;
    (iii) For cathodically protected tanks, the secondary barrier must 
be installed so that it does not interfere with the proper operation of 
the cathodic protection system;
    (iv) The ground water, soil moisture, or rainfall will not render 
the testing or sampling method used inoperative so that a release could 
go undetected for more than 30 days;
    (v) The site is assessed to ensure that the secondary barrier is 
always above the ground water and not in a 25-year flood plain, unless 
the barrier and monitoring designs are for use under such conditions; 
and,
    (vi) Monitoring wells are clearly marked and secured to avoid 
unauthorized access and tampering.
    (3) For tanks with an internally fitted liner, an automated device 
can detect a release between the inner wall of the tank and the liner, 
and the liner is compatible with the substance stored.
    (h) Other methods. Any other type of release detection method, or 
combination of methods, can be used if:
    (1) It can detect a 0.2 gallon per hour leak rate or a release of 
150 gallons within a month with a probability of detection of 0.95 and a 
probability of false alarm of 0.05; or
    (2) The implementing agency may approve another method if the owner 
and operator can demonstrate that the method can detect a release as 
effectively as any of the methods allowed in paragraphs (c) through (h) 
of this section. In comparing methods, the implementing agency shall 
consider the size of release that the method can detect and the 
frequency and reliability with which it can be detected. If the method 
is approved, the owner and operator must comply with any conditions 
imposed by the implementing agency on its use to ensure the protection 
of human health and the environment.



Sec. 280.44  Methods of release detection for piping.

    Each method of release detection for piping used to meet the 
requirements of Sec. 280.41 must be conducted in accordance with the 
following:
    (a) Automatic line leak detectors. Methods which alert the operator 
to the presence of a leak by restricting or shutting off the flow of 
regulated substances through piping or triggering an audible or visual 
alarm may be used only if they detect leaks of 3 gallons per hour at 10 
pounds per square inch line pressure within 1 hour. An annual test of 
the operation of the leak detector must be conducted in accordance with 
the manufacturer's requirements.
    (b) Line tightness testing. A periodic test of piping may be 
conducted only if it can detect a 0.1 gallon per hour leak rate at one 
and one-half times the operating pressure.
    (c) Applicable tank methods. Any of the methods in Sec. 280.43 (e) 
through (h) may be used if they are designed to detect a release from 
any portion of the underground piping that routinely contains regulated 
substances.



Sec. 280.45  Release detection recordkeeping.

    All UST system owners and operators must maintain records in 
accordance

[[Page 478]]

with Sec. 280.34 demonstrating compliance with all applicable 
requirements of this subpart. These records must include the following:
    (a) All written performance claims pertaining to any release 
detection system used, and the manner in which these claims have been 
justified or tested by the equipment manufacturer or installer, must be 
maintained for 5 years, or for another reasonable period of time 
determined by the implementing agency, from the date of installation;
    (b) The results of any sampling, testing, or monitoring must be 
maintained for at least 1 year, or for another reasonable period of time 
determined by the implementing agency, except that the results of tank 
tightness testing conducted in accordance with Sec. 280.43(c) must be 
retained until the next test is conducted; and
    (c) Written documentation of all calibration, maintenance, and 
repair of release detection equipment permanently located on-site must 
be maintained for at least one year after the servicing work is 
completed, or for another reasonable time period determined by the 
implementing agency. Any schedules of required calibration and 
maintenance provided by the release detection equipment manufacturer 
must be retained for 5 years from the date of installation.



      Subpart E--Release Reporting, Investigation, and Confirmation



Sec. 280.50  Reporting of suspected releases.

    Owners and operators of UST systems must report to the implementing 
agency within 24 hours, or another reasonable time period specified by 
the implementing agency, and follow the procedures in Sec. 280.52 for 
any of the following conditions:
    (a) The discovery by owners and operators or others of released 
regulated substances at the UST site or in the surrounding area (such as 
the presence of free product or vapors in soils, basements, sewer and 
utility lines, and nearby surface water).
    (b) Unusual operating conditions observed by owners and operators 
(such as the erratic behavior of product dispensing equipment, the 
sudden loss of product from the UST system, or an unexplained presence 
of water in the tank), unless system equipment is found to be defective 
but not leaking, and is immediately repaired or replaced; and,
    (c) Monitoring results from a release detection method required 
under Sec. 280.41 and Sec. 280.42 that indicate a release may have 
occurred unless:
    (1) The monitoring device is found to be defective, and is 
immediately repaired, recalibrated or replaced, and additional 
monitoring does not confirm the initial result; or
    (2) In the case of inventory control, a second month of data does 
not confirm the initial result.



Sec. 280.51  Investigation due to off-site impacts.

    When required by the implementing agency, owners and operators of 
UST systems must follow the procedures in Sec. 280.52 to determine if 
the UST system is the source of off-site impacts. These impacts include 
the discovery of regulated substances (such as the presence of free 
product or vapors in soils, basements, sewer and utility lines, and 
nearby surface and drinking waters) that has been observed by the 
implementing agency or brought to its attention by another party.



Sec. 280.52  Release investigation and confirmation steps.

    Unless corrective action is initiated in accordance with subpart F, 
owners and operators must immediately investigate and confirm all 
suspected releases of regulated substances requiring reporting under 
Sec. 280.50 within 7 days, or another reasonable time period specified 
by the implementing agency, using either the following steps or another 
procedure approved by the implementing agency:
    (a) System test. Owners and operators must conduct tests (according 
to the requirements for tightness testing in Sec. 280.43(c) and 
Sec. 280.44(b)) that determine whether a leak exists in that portion of 
the tank that routinely contains product, or the attached delivery 
piping, or both.
    (1) Owners and operators must repair, replace or upgrade the UST 
system,

[[Page 479]]

and begin corrective action in accordance with subpart F if the test 
results for the system, tank, or delivery piping indicate that a leak 
exists.
    (2) Further investigation is not required if the test results for 
the system, tank, and delivery piping do not indicate that a leak exists 
and if environmental contamination is not the basis for suspecting a 
release.
    (3) Owners and operators must conduct a site check as described in 
paragraph (b) of this section if the test results for the system, tank, 
and delivery piping do not indicate that a leak exists but environmental 
contamination is the basis for suspecting a release.
    (b) Site check. Owners and operators must measure for the presence 
of a release where contamination is most likely to be present at the UST 
site. In selecting sample types, sample locations, and measurement 
methods, owners and operators must consider the nature of the stored 
substance, the type of initial alarm or cause for suspicion, the type of 
backfill, the depth of ground water, and other factors appropriate for 
identifying the presence and source of the release.
    (1) If the test results for the excavation zone or the UST site 
indicate that a release has occurred, owners and operators must begin 
corrective action in accordance with subpart F;
    (2) If the test results for the excavation zone or the UST site do 
not indicate that a release has occurred, further investigation is not 
required.



Sec. 280.53  Reporting and cleanup of spills and overfills.

    (a) Owners and operators of UST systems must contain and immediately 
clean up a spill or overfill and report to the implementing agency 
within 24 hours, or another reasonable time period specified by the 
implementing agency, and begin corrective action in accordance with 
subpart F in the following cases:
    (1) Spill or overfill of petroleum that results in a release to the 
environment that exceeds 25 gallons or another reasonable amount 
specified by the implementing agency, or that causes a sheen on nearby 
surface water; and
    (2) Spill or overfill of a hazardous substance that results in a 
release to the environment that equals or exceeds its reportable 
quantity under CERCLA (40 CFR part 302).
    (b) Owners and operators of UST systems must contain and immediately 
clean up a spill or overfill of petroleum that is less than 25 gallons 
or another reasonable amount specified by the implementing agency, and a 
spill or overfill of a hazardous substance that is less than the 
reportable quantity. If cleanup cannot be accomplished within 24 hours, 
or another reasonable time period established by the implementing 
agency, owners and operators must immediately notify the implementing 
agency.
    Note: Pursuant to Secs. 302.6 and 355.40, a release of a hazardous 
substance equal to or in excess of its reportable quantity must also be 
reported immediately (rather than within 24 hours) to the National 
Response Center under sections 102 and 103 of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 and to 
appropriate state and local authorities under Title III of the Superfund 
Amendments and Reauthorization Act of 1986.



   Subpart F--Release Response and Corrective Action for UST Systems 
              Containing Petroleum or Hazardous Substances



Sec. 280.60  General.

    Owners and operators of petroleum or hazardous substance UST systems 
must, in response to a confirmed release from the UST system, comply 
with the requirements of this subpart except for USTs excluded under 
Sec. 280.10(b) and UST systems subject to RCRA Subtitle C corrective 
action requirements under section 3004(u) of the Resource Conservation 
and Recovery Act, as amended.



Sec. 280.61  Initial response.

    Upon confirmation of a release in accordance with Sec. 280.52 or 
after a release from the UST system is identified in any other manner, 
owners and operators must perform the following initial response actions 
within 24 hours of a release or within another reasonable period of time 
determined by the implementing agency:
    (a) Report the release to the implementing agency (e.g., by 
telephone or electronic mail);

[[Page 480]]

    (b) Take immediate action to prevent any further release of the 
regulated substance into the environment; and
    (c) Identify and mitigate fire, explosion, and vapor hazards.



Sec. 280.62  Initial abatement measures and site check.

    (a) Unless directed to do otherwise by the implementing agency, 
owners and operators must perform the following abatement measures:
    (1) Remove as much of the regulated substance from the UST system as 
is necessary to prevent further release to the environment;
    (2) Visually inspect any aboveground releases or exposed belowground 
releases and prevent further migration of the released substance into 
surrounding soils and ground water;
    (3) Continue to monitor and mitigate any additional fire and safety 
hazards posed by vapors or free product that have migrated from the UST 
excavation zone and entered into subsurface structures (such as sewers 
or basements);
    (4) Remedy hazards posed by contaminated soils that are excavated or 
exposed as a result of release confirmation, site investigation, 
abatement, or corrective action activities. If these remedies include 
treatment or disposal of soils, the owner and operator must comply with 
applicable State and local requirements;
    (5) Measure for the presence of a release where contamination is 
most likely to be present at the UST site, unless the presence and 
source of the release have been confirmed in accordance with the site 
check required by Sec. 280.52(b) or the closure site assessment of 
Sec. 280.72(a). In selecting sample types, sample locations, and 
measurement methods, the owner and operator must consider the nature of 
the stored substance, the type of backfill, depth to ground water and 
other factors as appropriate for identifying the presence and source of 
the release; and
    (6) Investigate to determine the possible presence of free product, 
and begin free product removal as soon as practicable and in accordance 
with Sec. 280.64.
    (b) Within 20 days after release confirmation, or within another 
reasonable period of time determined by the implementing agency, owners 
and operators must submit a report to the implementing agency 
summarizing the initial abatement steps taken under paragraph (a) of 
this section and any resulting information or data.



Sec. 280.63  Initial site characterization.

    (a) Unless directed to do otherwise by the implementing agency, 
owners and operators must assemble information about the site and the 
nature of the release, including information gained while confirming the 
release or completing the initial abatement measures in Secs. 280.60 and 
280.61. This information must include, but is not necessarily limited to 
the following:
    (1) Data on the nature and estimated quantity of release;
    (2) Data from available sources and/or site investigations 
concerning the following factors: surrounding populations, water 
quality, use and approximate locations of wells potentially affected by 
the release, subsurface soil conditions, locations of subsurface sewers, 
climatological conditions, and land use;
    (3) Results of the site check required under Sec. 280.62(a)(5); and
    (4) Results of the free product investigations required under 
Sec. 280.62(a)(6), to be used by owners and operators to determine 
whether free product must be recovered under Sec. 280.64.
    (b) Within 45 days of release confirmation or another reasonable 
period of time determined by the implementing agency, owners and 
operators must submit the information collected in compliance with 
paragraph (a) of this section to the implementing agency in a manner 
that demonstrates its applicability and technical adequacy, or in a 
format and according to the schedule required by the implementing 
agency.



Sec. 280.64  Free product removal.

    At sites where investigations under Sec. 280.62(a)(6) indicate the 
presence of free product, owners and operators must remove free product 
to the maximum extent practicable as determined by the implementing 
agency while continuing, as necessary, any actions initiated under 
Secs. 280.61 through 280.63, or

[[Page 481]]

preparing for actions required under Secs. 280.65 through 280.66. In 
meeting the requirements of this section, owners and operators must:
    (a) Conduct free product removal in a manner that minimizes the 
spread of contamination into previously uncontaminated zones by using 
recovery and disposal techniques appropriate to the hydrogeologic 
conditions at the site, and that properly treats, discharges or disposes 
of recovery byproducts in compliance with applicable local, State and 
Federal regulations;
    (b) Use abatement of free product migration as a minimum objective 
for the design of the free product removal system;
    (c) Handle any flammable products in a safe and competent manner to 
prevent fires or explosions; and
    (d) Unless directed to do otherwise by the implementing agency, 
prepare and submit to the implementing agency, within 45 days after 
confirming a release, a free product removal report that provides at 
least the following information:
    (1) The name of the person(s) responsible for implementing the free 
product removal measures;
    (2) The estimated quantity, type, and thickness of free product 
observed or measured in wells, boreholes, and excavations;
    (3) The type of free product recovery system used;
    (4) Whether any discharge will take place on-site or off-site during 
the recovery operation and where this discharge will be located;
    (5) The type of treatment applied to, and the effluent quality 
expected from, any discharge;
    (6) The steps that have been or are being taken to obtain necessary 
permits for any discharge; and
    (7) The disposition of the recovered free product.



Sec. 280.65  Investigations for soil and ground-water cleanup.

    (a) In order to determine the full extent and location of soils 
contaminated by the release and the presence and concentrations of 
dissolved product contamination in the ground water, owners and 
operators must conduct investigations of the release, the release site, 
and the surrounding area possibly affected by the release if any of the 
following conditions exist:
    (1) There is evidence that ground-water wells have been affected by 
the release (e.g., as found during release confirmation or previous 
corrective action measures);
    (2) Free product is found to need recovery in compliance with 
Sec. 280.64;
    (3) There is evidence that contaminated soils may be in contact with 
ground water (e.g., as found during conduct of the initial response 
measures or investigations required under Secs. 280.60 through 280.64); 
and
    (4) The implementing agency requests an investigation, based on the 
potential effects of contaminated soil or ground water on nearby surface 
water and ground-water resources.
    (b) Owners and operators must submit the information collected under 
paragraph (a) of this section as soon as practicable or in accordance 
with a schedule established by the implementing agency.



Sec. 280.66  Corrective action plan.

    (a) At any point after reviewing the information submitted in 
compliance with Secs. 280.61 through 280.63, the implementing agency may 
require owners and operators to submit additional information or to 
develop and submit a corrective action plan for responding to 
contaminated soils and ground water. If a plan is required, owners and 
operators must submit the plan according to a schedule and format 
established by the implementing agency. Alternatively, owners and 
operators may, after fulfilling the requirements of Secs. 280.61 through 
280.63, choose to submit a corrective action plan for responding to 
contaminated soil and ground water. In either case, owners and operators 
are responsible for submitting a plan that provides for adequate 
protection of human health and the environment as determined by the 
implementing agency, and must modify their plan as necessary to meet 
this standard.
    (b) The implementing agency will approve the corrective action plan 
only after ensuring that implementation of the plan will adequately 
protect human health, safety, and the environment. In

[[Page 482]]

making this determination, the implementing agency should consider the 
following factors as appropriate:
    (1) The physical and chemical characteristics of the regulated 
substance, including its toxicity, persistence, and potential for 
migration;
    (2) The hydrogeologic characteristics of the facility and the 
surrounding area;
    (3) The proximity, quality, and current and future uses of nearby 
surface water and ground water;
    (4) The potential effects of residual contamination on nearby 
surface water and ground water;
    (5) An exposure assessment; and
    (6) Any information assembled in compliance with this subpart.
    (c) Upon approval of the corrective action plan or as directed by 
the implementing agency, owners and operators must implement the plan, 
including modifications to the plan made by the implementing agency. 
They must monitor, evaluate, and report the results of implementing the 
plan in accordance with a schedule and in a format established by the 
implementing agency.
    (d) Owners and operators may, in the interest of minimizing 
environmental contamination and promoting more effective cleanup, begin 
cleanup of soil and ground water before the corrective action plan is 
approved provided that they:
    (1) Notify the implementing agency of their intention to begin 
cleanup;
    (2) Comply with any conditions imposed by the implementing agency, 
including halting cleanup or mitigating adverse consequences from 
cleanup activities; and
    (3) Incorporate these self-initiated cleanup measures in the 
corrective action plan that is submitted to the implementing agency for 
approval.



Sec. 280.67  Public participation.

    (a) For each confirmed release that requires a corrective action 
plan, the implementing agency must provide notice to the public by means 
designed to reach those members of the public directly affected by the 
release and the planned corrective action. This notice may include, but 
is not limited to, public notice in local newspapers, block 
advertisements, public service announcements, publication in a state 
register, letters to individual households, or personal contacts by 
field staff.
    (b) The implementing agency must ensure that site release 
information and decisions concerning the corrective action plan are made 
available to the public for inspection upon request.
    (c) Before approving a corrective action plan, the implementing 
agency may hold a public meeting to consider comments on the proposed 
corrective action plan if there is sufficient public interest, or for 
any other reason.
    (d) The implementing agency must give public notice that complies 
with paragraph (a) of this section if implementation of an approved 
corrective action plan does not achieve the established cleanup levels 
in the plan and termination of that plan is under consideration by the 
implementing agency.



            Subpart G--Out-of-Service UST Systems and Closure



Sec. 280.70  Temporary closure.

    (a) When an UST system is temporarily closed, owners and operators 
must continue operation and maintenance of corrosion protection in 
accordance with Sec. 280.31, and any release detection in accordance 
with subpart D. Subparts E and F must be complied with if a release is 
suspected or confirmed. However, release detection is not required as 
long as the UST system is empty. The UST system is empty when all 
materials have been removed using commonly employed practices so that no 
more than 2.5 centimeters (one inch) of residue, or 0.3 percent by 
weight of the total capacity of the UST system, remain in the system.
    (b) When an UST system is temporarily closed for 3 months or more, 
owners and operators must also comply with the following requirements:
    (1) Leave vent lines open and functioning; and
    (2) Cap and secure all other lines, pumps, manways, and ancillary 
equipment.
    (c) When an UST system is temporarily closed for more than 12 
months, owners and operators must permanently close the UST system if it 
does

[[Page 483]]

not meet either performance standards in Sec. 280.20 for new UST systems 
or the upgrading requirements in Sec. 280.21, except that the spill and 
overfill equipment requirements do not have to be met. Owners and 
operators must permanently close the substandard UST systems at the end 
of this 12-month period in accordance with Secs. 280.71-280.74, unless 
the implementing agency provides an extension of the 12-month temporary 
closure period. Owners and operators must complete a site assessment in 
accordance with Sec. 280.72 before such an extension can be applied for.



Sec. 280.71  Permanent closure and changes-in-service.

    (a) At least 30 days before beginning either permanent closure or a 
change-in-service under paragraphs (b) and (c) of this section, or 
within another reasonable time period determined by the implementing 
agency, owners and operators must notify the implementing agency of 
their intent to permanently close or make the change-in-service, unless 
such action is in response to corrective action. The required assessment 
of the excavation zone under Sec. 280.72 must be performed after 
notifying the implementing agency but before completion of the permanent 
closure or a change-in-service.
    (b) To permanently close a tank, owners and operators must empty and 
clean it by removing all liquids and accumulated sludges. All tanks 
taken out of service permanently must also be either removed from the 
ground or filled with an inert solid material.
    (c) Continued use of an UST system to store a non-regulated 
substance is considered a change-in-service. Before a change-in-service, 
owners and operators must empty and clean the tank by removing all 
liquid and accumulated sludge and conduct a site assessment in 
accordance with Sec. 280.72.
    Note: The following cleaning and closure procedures may be used to 
comply with this section:
    (A) American Petroleum Institute Recommended Practice 1604, 
``Removal and Disposal of Used Underground Petroleum Storage Tanks'';
    (B) American Petroleum Institute Publication 2015, ``Cleaning 
Petroleum Storage Tanks'';
    (C) American Petroleum Institute Recommended Practice 1631, 
``Interior Lining of Underground Storage Tanks,'' may be used as 
guidance for compliance with this section; and
    (D) The National Institute for Occupational Safety and Health 
``Criteria for a Recommended Standard * * * Working in Confined Space'' 
may be used as guidance for conducting safe closure procedures at some 
hazardous substance tanks.



Sec. 280.72  Assessing the site at closure or change-in-service.

    (a) Before permanent closure or a change-in-service is completed, 
owners and operators must measure for the presence of a release where 
contamination is most likely to be present at the UST site. In selecting 
sample types, sample locations, and measurement methods, owners and 
operators must consider the method of closure, the nature of the stored 
substance, the type of backfill, the depth to ground water, and other 
factors appropriate for identifying the presence of a release. The 
requirements of this section are satisfied if one of the external 
release detection methods allowed in Sec. 280.43 (e) and (f) is 
operating in accordance with the requirements in Sec. 280.43 at the time 
of closure, and indicates no release has occurred.
    (b) If contaminated soils, contaminated ground water, or free 
product as a liquid or vapor is discovered under paragraph (a) of this 
section, or by any other manner, owners and operators must begin 
corrective action in accordance with subpart F.



Sec. 280.73  Applicability to previously closed UST systems.

    When directed by the implementing agency, the owner and operator of 
an UST system permanently closed before December 22, 1988 must assess 
the excavation zone and close the UST system in accordance with this 
subpart if releases from the UST may, in the judgment of the 
implementing agency, pose a current or potential threat to human health 
and the environment.



Sec. 280.74  Closure records.

    Owners and operators must maintain records in accordance with 
Sec. 280.34 that are capable of demonstrating compliance with closure 
requirements under

[[Page 484]]

this subpart. The results of the excavation zone assessment required in 
Sec. 280.72 must be maintained for at least 3 years after completion of 
permanent closure or change-in-service in one of the following ways:
    (a) By the owners and operators who took the UST system out of 
service;
    (b) By the current owners and operators of the UST system site; or
    (c) By mailing these records to the implementing agency if they 
cannot be maintained at the closed facility.



                   Subpart H--Financial Responsibility

    Source: 53 FR 43370, Oct. 26, 1988, unless otherwise noted.



Sec. 280.90  Applicability.

    (a) This subpart applies to owners and operators of all petroleum 
underground storage tank (UST) systems except as otherwise provided in 
this section.
    (b) Owners and operators of petroleum UST systems are subject to 
these requirements if they are in operation on or after the date for 
compliance established in Sec. 280.91.
    (c) State and Federal government entities whose debts and 
liabilities are the debts and liabilities of a state or the United 
States are exempt from the requirements of this subpart.
    (d) The requirements of this subpart do not apply to owners and 
operators of any UST system described in Sec. 280.10 (b) or (c).
    (e) If the owner and operator of a petroleum underground storage 
tank are separate persons, only one person is required to demonstrate 
financial responsibility; however, both parties are liable in event of 
noncompliance. Regardless of which party complies, the date set for 
compliance at a particular facility is determined by the characteristics 
of the owner as set forth in Sec. 280.91.



Sec. 280.91  Compliance dates.

    Owners of petroleum underground storage tanks are required to comply 
with the requirements of this subpart by the following dates:
    (a) All petroleum marketing firms owning 1,000 or more USTs and all 
other UST owners that report a tangible net worth of $20 million or more 
to the U.S. Securities and Exchange Commission (SEC), Dun and 
Bradstreet, the Energy Information Administration, or the Rural 
Electrification Administration; January 24, 1989, except that compliance 
with Sec. 280.94(b) is required by: July 24, 1989.
    (b) All petroleum marketing firms owning 100-999 USTs; October 26, 
1989.
    (c) All petroleum marketing firms owning 13-99 USTs at more than one 
facility; April 26, 1991.
    (d) All petroleum UST owners not described in paragraphs (a), (b), 
or (c) of this section, excluding local government entities; December 
31, 1993.
    (e) All local government entities (including Indian tribes) not 
included in paragraph (f) of this section; February 18, 1994.
    (f) Indian tribes that own USTs on Indian lands which meet the 
applicable technical requirements of this part; December 31, 1998.

[53 FR 43370, Oct. 26, 1988, as amended at 54 FR 5452, Feb. 3, 1989; 55 
FR 18567, May 2, 1990; 55 FR 46025, Oct. 31, 1990; 56 FR 66373, Dec. 23, 
1991; 59 FR 9607, Feb. 28, 1994]



Sec. 280.92  Definition of terms.

    When used in this subpart, the following terms shall have the 
meanings given below:
    Accidental release means any sudden or nonsudden release of 
petroleum from an underground storage tank that results in a need for 
corrective action and/or compensation for bodily injury or property 
damage neither expected nor intended by the tank owner or operator.
    Bodily injury shall have the meaning given to this term by 
applicable state law; however, this term shall not include those 
liabilities which, consistent with standard insurance industry 
practices, are excluded from coverage in liability insurance policies 
for bodily injury.
    Chief Financial Officer, in the case of local government owners and 
operators, means the individual with the overall authority and 
responsibility for the collection, disbursement, and use of funds by the 
local government.

[[Page 485]]

    Controlling interest means direct ownership of at least 50 percent 
of the voting stock of another entity.
    Director of the Implementing Agency means the EPA Regional 
Administrator, or, in the case of a state with a program approved under 
section 9004, the Director of the designated state or local agency 
responsible for carrying out an approved UST program.
    Financial reporting year means the latest consecutive twelve-month 
period for which any of the following reports used to support a 
financial test is prepared:
    (1) a 10-K report submitted to the SEC;
    (2) an annual report of tangible net worth submitted to Dun and 
Bradstreet; or
    (3) annual reports submitted to the Energy Information 
Administration or the Rural Electrification Administration.

``Financial reporting year'' may thus comprise a fiscal or a calendar 
year period.
    Legal defense cost is any expense that an owner or operator or 
provider of financial assurance incurs in defending against claims or 
actions brought,
    (1) By EPA or a state to require corrective action or to recover the 
costs of corrective action;
    (2) By or on behalf of a third party for bodily injury or property 
damage caused by an accidental release; or
    (3) By any person to enforce the terms of a financial assurance 
mechanism.
    Local government shall have the meaning given this term by 
applicable state law and includes Indian tribes. The term is generally 
intended to include: (1) Counties, municipalities, townships, separately 
chartered and operated special districts (including local government 
public transit systems and redevelopment authorities), and independent 
school districts authorized as governmental bodies by state charter or 
constitution; and (2) Special districts and independent school districts 
established by counties, municipalities, townships, and other general 
purpose governments to provide essential services.
    Occurrence means an accident, including continuous or repeated 
exposure to conditions, which results in a release from an underground 
storage tank.
    Note: This definition is intended to assist in the understanding of 
these regulations and is not intended either to limit the meaning of 
``occurrence'' in a way that conflicts with standard insurance usage or 
to prevent the use of other standard insurance terms in place of 
``occurrence.''
    Owner or operator, when the owner or operator are separate parties, 
refers to the party that is obtaining or has obtained financial 
assurances.
    Petroleum marketing facilities include all facilities at which 
petroleum is produced or refined and all facilities from which petroleum 
is sold or transferred to other petroleum marketers or to the public.
    Petroleum marketing firms are all firms owning petroleum marketing 
facilities. Firms owning other types of facilities with USTs as well as 
petroleum marketing facilities are considered to be petroleum marketing 
firms.
    Property damage shall have the meaning given this term by applicable 
state law. This term shall not include those liabilities which, 
consistent with standard insurance industry practices, are excluded from 
coverage in liability insurance policies for property damage. However, 
such exclusions for property damage shall not include corrective action 
associated with releases from tanks which are covered by the policy.
    Provider of financial assurance means an entity that provides 
financial assurance to an owner or operator of an underground storage 
tank through one of the mechanisms listed in Secs. 280.95-280.103, 
including a guarantor, insurer, risk retention group, surety, issuer of 
a letter of credit, issuer of a state-required mechanism, or a state.
    Substantial business relationship means the extent of a business 
relationship necessary under applicable state law to make a guarantee 
contract issued incident to that relationship valid and enforceable. A 
guarantee contract is issued ``incident to that relationship'' if it 
arises from and depends on existing economic transactions between the 
guarantor and the owner or operator.
    Substantial governmental relationship means the extent of a 
governmental relationship necessary under applicable state law to make 
an added guarantee

[[Page 486]]

contract issued incident to that relationship valid and enforceable. A 
guarantee contract is issued ``incident to that relationship'' if it 
arises from a clear commonality of interest in the event of an UST 
release such as coterminous boundaries, overlapping constituencies, 
common ground-water aquifer, or other relationship other than monetary 
compensation that provides a motivation for the guarantor to provide a 
guarantee.
    Tangible net worth means the tangible assets that remain after 
deducting liabilities; such assets do not include intangibles such as 
goodwill and rights to patents or royalties. For purposes of this 
definition, ``assets'' means all existing and all probable future 
economic benefits obtained or controlled by a particular entity as a 
result of past transactions.
    Termination under Sec. 280.97(b)(1) and Sec. 280.97(b)(2) means only 
those changes that could result in a gap in coverage as where the 
insured has not obtained substitute coverage or has obtained substitute 
coverage with a different retroactive date than the retroactive date of 
the original policy.

[53 FR 43370, Oct. 26, 1988, as amended at 54 FR 47081, Nov. 9, 1989; 58 
FR 9050, Feb. 18, 1993]



Sec. 280.93  Amount and scope of required financial responsibility.

    (a) Owners or operators of petroleum underground storage tanks must 
demonstrate financial responsibility for taking corrective action and 
for compensating third parties for bodily injury and property damage 
caused by accidental releases arising from the operation of petroleum 
underground storage tanks in at least the following per-occurrence 
amounts:
    (1) For owners or operators of petroleum underground storage tanks 
that are located at petroleum marketing facilities, or that handle an 
average of more than 10,000 gallons of petroleum per month based on 
annual throughput for the previous calendar year; $1 million.
    (2) For all other owners or operators of petroleum underground 
storage tanks; $500,000.
    (b) Owners or operators of petroleum underground storage tanks must 
demonstrate financial responsibility for taking corrective action and 
for compensating third parties for bodily injury and property damage 
caused by accidental releases arising from the operation of petroleum 
underground storage tanks in at least the following annual aggregate 
amounts:
    (1) For owners or operators of 1 to 100 petroleum underground 
storage tanks, $1 million; and
    (2) For owners or operators of 101 or more petroleum underground 
storage tanks, $2 million.
    (c) For the purposes of paragraphs (b) and (f) of this section, 
only, ``a petroleum underground storage tank'' means a single 
containment unit and does not mean combinations of single containment 
units.
    (d) Except as provided in paragraph (e) of this section, if the 
owner or operator uses separate mechanisms or separate combinations of 
mechanisms to demonstrate financial responsibility for:
    (1) Taking corrective action;
    (2) Compensating third parties for bodily injury and property damage 
caused by sudden accidental releases; or
    (3) Compensating third parties for bodily injury and property damage 
caused by nonsudden accidental releases, the amount of assurance 
provided by each mechanism or combination of mechanisms must be in the 
full amount specified in paragraphs (a) and (b) of this section.
    (e) If an owner or operator uses separate mechanisms or separate 
combinations of mechanisms to demonstrate financial responsibility for 
different petroleum underground storage tanks, the annual aggregate 
required shall be based on the number of tanks covered by each such 
separate mechanism or combination of mechanisms.
    (f) Owners or operators shall review the amount of aggregate 
assurance provided whenever additional petroleum underground storage 
tanks are acquired or installed. If the number of petroleum underground 
storage tanks for which assurance must be provided exceeds 100, the 
owner or operator shall demonstrate financial responsibility in

[[Page 487]]

the amount of at least $2 million of annual aggregate assurance by the 
anniversary of the date on which the mechanism demonstrating financial 
responsibility became effective. If assurance is being demonstrated by a 
combination of mechanisms, the owner or operator shall demonstrate 
financial responsibility in the amount of at least $2 million of annual 
aggregate assurance by the first-occurring effective date anniversary of 
any one of the mechanisms combined (other than a financial test or 
guarantee) to provide assurance.
    (g) The amounts of assurance required under this section exclude 
legal defense costs.
    (h) The required per-occurrence and annual aggregate coverage 
amounts do not in any way limit the liability of the owner or operator.



Sec. 280.94  Allowable mechanisms and combinations of mechanisms.

    (a) Subject to the limitations of paragraphs (b) and (c) of this 
section,
    (1) An owner or operator, including a local government owner or 
operator, may use any one or combination of the mechanisms listed in 
Secs. 280.95 through 280.103 to demonstrate financial responsibility 
under this subpart for one or more underground storage tanks, and
    (2) A local government owner or operator may use any one or 
combination of the mechanisms listed in Secs. 280.104 through 280.107 to 
demonstrate financial responsibility under this subpart for one or more 
underground storage tanks.
    (b) An owner or operator may use a guarantee under Sec. 280.96 or 
surety bond under Sec. 280.98 to establish financial responsibility only 
if the Attorney(s) General of the state(s) in which the underground 
storage tanks are located has (have) submitted a written statement to 
the implementing agency that a guarantee or surety bond executed as 
described in this section is a legally valid and enforceable obligation 
in that state.
    (c) An owner or operator may use self-insurance in combination with 
a guarantee only if, for the purpose of meeting the requirements of the 
financial test under this rule, the financial statements of the owner or 
operator are not consolidated with the financial statements of the 
guarantor.

[53 FR 43370, Oct. 26, 1988, as amended at 58 FR 9051, Feb. 18, 1993]



Sec. 280.95  Financial test of self-insurance.

    (a) An owner or operator, and/or guarantor, may satisfy the 
requirements of Sec. 280.93 by passing a financial test as specified in 
this section. To pass the financial test of self-insurance, the owner or 
operator, and/or guarantor must meet the criteria of paragraph (b) or 
(c) of this section based on year-end financial statements for the 
latest completed fiscal year.
    (b)(1) The owner or operator, and/or guarantor, must have a tangible 
net worth of at least ten times:
    (i) The total of the applicable aggregate amount required by 
Sec. 280.93, based on the number of underground storage tanks for which 
a financial test is used to demonstrate financial responsibility to EPA 
under this section or to a state implementing agency under a state 
program approved by EPA under 40 CFR part 281;
    (ii) The sum of the corrective action cost estimates, the current 
closure and post-closure care cost estimates, and amount of liability 
coverage for which a financial test is used to demonstrate financial 
responsibility to EPA under 40 CFR 264.101, 264.143, 264.145, 265.143, 
165.145, 264.147, and 265.147 or to a state implementing agency under a 
state program authorized by EPA under 40 CFR part 271; and
    (iii) The sum of current plugging and abandonment cost estimates for 
which a financial test is used to demonstrate financial responsibility 
to EPA under 40 CFR 144.63 or to a state implementing agency under a 
state program authorized by EPA under 40 CFR part 145.
    (2) The owner or operator, and/or guarantor, must have a tangible 
net worth of at least $10 million.
    (3) The owner or operator, and/or guarantor, must have a letter 
signed by the chief financial officer worded as specified in paragraph 
(d) of this section.
    (4) The owner or operator, and/or guarantor, must either:

[[Page 488]]

    (i) File financial statements annually with the U.S. Securities and 
Exchange Commission, the Energy Information Administration, or the Rural 
Electrification Administration; or
    (ii) Report annually the firm's tangible net worth to Dun and 
Bradstreet, and Dun and Bradstreet must have assigned the firm a 
financial strength rating of 4A or 5A.
    (5) The firm's year-end financial statements, if independently 
audited, cannot include an adverse auditor's opinion, a disclaimer of 
opinion, or a ``going concern'' qualification.
    (c)(1) The owner or operator, and/or guarantor must meet the 
financial test requirements of 40 CFR 264.147(f)(1), substituting the 
appropriate amounts specified in Sec. 280.93 (b)(1) and (b)(2) for the 
``amount of liability coverage'' each time specified in that section.
    (2) The fiscal year-end financial statements of the owner or 
operator, and/or guarantor, must be examined by an independent certified 
public accountant and be accompanied by the accountant's report of the 
examination.
    (3) The firm's year-end financial statements cannot include an 
adverse auditor's opinion, a disclaimer of opinion, or a ``going 
concern'' qualification.
    (4) The owner or operator, and/or guarantor, must have a letter 
signed by the chief financial officer, worded as specified in paragraph 
(d) of this section.
    (5) If the financial statements of the owner or operator, and/or 
guarantor, are not submitted annually to the U.S. Securities and 
Exchange Commission, the Energy Information Administration or the Rural 
Electrification Administration, the owner or operator, and/or guarantor, 
must obtain a special report by an independent certified public 
accountant stating that:
    (i) He has compared the data that the letter form the chief 
financial officer specifies as having been derived from the latest year-
end financial statements of the owner or operator, and/or guarantor, 
with the amounts in such financial statements; and
    (ii) In connection with that comparison, no matters came to his 
attention which caused him to believe that the specified data should be 
adjusted.
    (d) To demonstrate that it meets the financial test under paragraph 
(b) or (c) of this section, the chief financial officer of the owner or 
operator, or guarantor, must sign, within 120 days of the close of each 
financial reporting year, as defined by the twelve-month period for 
which financial statements used to support the financial test are 
prepared, a letter worded exactly as follows, except that the 
instructions in brackets are to be replaced by the relevant information 
and the brackets deleted:

                   Letter from Chief Financial Officer

    I am the chief financial officer of [insert: name and address of the 
owner or operator, or guarantor]. This letter is in support of the use 
of [insert: ``the financial test of self-insurance,'' and/or 
``guarantee''] to demonstrate financial responsibility for [insert: 
``taking corrective action'' and/or ``compensating third parties for 
bodily injury and property damage''] caused by [insert: ``suddent 
accidential releases'' and/or ``nonsudden accidential releases''] in the 
amount of at least [insert: dollar amount] per occurrence and [insert: 
dollar amount] annual aggregate arising from operating (an) underground 
storage tank(s).
    Underground storage tanks at the following facilities are assured by 
this financial test or a financial test under an authorized State 
program by this [insert: ``owner or operator,'' and/or ``guarantor'']: 
[List for each facility: the name and address of the facility where 
tanks assured by this financial test are located, and whether tanks are 
assured by this financial test or a financial test under a State program 
approved under 40 CFR part 281. If separate mechanisms or combinations 
of mechanisms are being used to assure any of the tanks at this 
facility, list each tank assured by this financial test or a financial 
test under a State program authorized under 40 CFR part 281 by the tank 
identification number provided in the notification submitted pursuant to 
40 CFR 280.22 or the corresponding State requirements.]
    A [insert: ``financial test,'' and/or ``guarantee''] is also used by 
this [insert: ``owner or operator,'' or ``guarantor''] to demonstrate 
evidence of financial responsibility in the following amounts under 
other EPA regulations or state programs authorized by EPA under 40 CFR 
parts 271 and 145:

 
                     EPA Regulations                          Amount
 
Closure (Secs.  264.143 and 265.143)....................       $--------
Post-Closure Care (Secs.  264.145 and 265.145)..........       $--------
Liability Coverage (Secs.  264.147 and 265.147).........       $--------
Corrective Action (Secs.  264.101(b))...................       $--------

[[Page 489]]

 
Plugging and Abandonment (Sec.  144.63).................       $--------
Closure.................................................       $--------
Post-Closure Care.......................................       $--------
Liabilitly Coverage.....................................       $--------
Corrective Action.......................................       $--------
Plugging and Abandonment................................       $--------
    Total...............................................       $--------
 

    This [insert: ``owner or operator,'' or ``guarantor''] has not 
received an adverse opinion, a disclaimer of opinion, or a ``going 
concern'' qualification from an independent auditor on his financial 
statements for the latest completed fiscal year.
    [Fill in the information for Alternative I if the criteria of 
paragraph (b) of Sec. 280.95 are being used to demonstrate compliance 
with the financial test requirements. Fill in the information for 
Alternative II if the criteria of paragraph (c) of Sec. 280.95 are being 
used to demonstrate compliance with the financial test requirements.]

                              Alternative I
  1.    Amount of annual UST aggregate coverage being          $--------
        assured by a financial test, and/or guarantee
  2.   Amount of corrective action, closure and post-          $--------
          closure care costs, liability coverage, and
          plugging and abandonment costs covered by a
                     financial test, and/or guarantee
  3.                             Sum of lines 1 and 2          $--------
  4.                            Total tangible assets          $--------
  5.          Total liabilities [if any of the amount          $--------
              reported on line 3 is included in total
         liabilities, you may deduct that amount from
             this line and add that amount to line 6]
  6.    Tangible net worth [subtract line 5 from line          $--------
                                                   4]
                                                                  Yes No
  7.                  Is line 6 at least $10 million?            ---- --
  8.              Is line 6 at least 10 times line 3?            ---- --
  9.   Have financial statements for the latest fiscal           ---- --
              year been filed with the Securities and
                                 Exchange Commission?
 10.   Have financial statements for the latest fiscal           ---- --
          year been filed with the Energy Information
                                      Administration?
 11.        Have financial statements for the lastest            ---- --
                fiscal year been filed with the Rural
                      Electrification Administration?
 12.   Has financial information been provided to Dun            ---- --
           and Bradstreet, and has Dun and Bradstreet
        provided a financial strength rating of 4A or
       5A? [Answer ``Yes'' only if both criteria have
                                           been met.]
 


                             Alternative II
  1.    Amount of annual UST aggregate coverage being          $--------
                  assured by a test, and/or guarantee
  2.   Amount of corrective action, closure and post-          $--------
          closure care costs, liability coverage, and
          plugging and abandonment costs covered by a
                     financial test, and/or guarantee
  3.                             Sum of lines 1 and 2          $--------
  4.                            Total tangible assets          $--------
  5.          Total liabilities [if any of the amount          $--------
              reported on line 3 is included in total
         liabilities, you may deduct that amount from
             this line and add that amount to line 6]
  6.    Tangible net worth [subtract line 5 from line          $--------
                                                   4]
  7.   Total assets in the U.S. [required only if less         $--------
         than 90 percent of assets are located in the
                                                U.S.]
                                                                  Yes No
  8.                  Is line 6 at least $10 million?           $---- --
  9.               Is line 6 at least 6 times line 3?            ---- --
 10.     Are at least 90 percent of assets located in            ---- --
             the U.S.? [If ``No,'' complete line 11.]
 11.               Is line 7 at least 6 times line 3?            ---- --
              [Fill in either lines 12-15 or lines 16-18:]
 12.                                   Current assets          $--------
 13.                              Current liabilities           --------
 14.   Net working capital [subtract line 13 from line        ----------
                                                  12]
                                                                  Yes No
 15.              Is line 14 at least 6 times line 3?            ---- --
 16.    Current bond rating of most recent bond issue            ---- --
 17.                           Name of rating service            ---- --

[[Page 490]]

 
 18.                         Date of maturity of bond            ---- --
 19.   Have financial statements for the latest fiscal           ---- --
             year been filed with the SEC, the Energy
             Information Administration, or the Rural
                      Electrification Administration?
 

    [If ``No,'' please attach a report from an independent certified 
public accountant certifying that there are no material differences 
between the data as reported in lines 4-18 above and the financial 
statements for the latest fiscal year.]
    [For both Alternative I and Alternative II complete the 
certification with this statement.]
    I hereby certify that the wording of this letter is identical to the 
wording specified in 40 CFR part 280.95(d) as such regulations were 
constituted on the date shown immediately below.
    [Signature]
    [Name]
    [Title]
    [Date]

    (e) If an owner or operator using the test to provide financial 
assurance finds that he or she no longer meets the requirements of the 
financial test based on the year-end financial statements, the owner or 
operator must obtain alternative coverage within 150 days of the end of 
the year for which financial statements have been prepared.
    (f) The Director of the implementing agency may require reports of 
financial condition at any time from the owner or operator, and/or 
guarantor. If the Director finds, on the basis of such reports or other 
information, that the owner or operator, and/or guarantor, no longer 
meets the financial test requirements of Sec. 280.95(b) or (c) and (d), 
the owner or operator must obtain alternate coverage within 30 days 
after notification of such a finding.
    (g) If the owner or operator fails to obtain alternate assurance 
within 150 days of finding that he or she no longer meets the 
requirements of the financial test based on the year-end financial 
statements, or within 30 days of notification by the Director of the 
implementing agency that he or she no longer meets the requirements of 
the financial test, the owner or operator must notify the Director of 
such failure within 10 days.



Sec. 280.96  Guarantee.

    (a) An owner or operator may satisfy the requirements of Sec. 280.93 
by obtaining a guarantee that conforms to the requirements of this 
section. The guarantor must be:
    (1) A firm that (i) possesses a controlling interest in the owner or 
operator; (ii) possesses a controlling interest in a firm described 
under paragraph (a)(1)(i) of this section; or, (iii) is controlled 
through stock ownership by a common parent firm that possesses a 
controlling interest in the owner or operator; or,
    (2) A firm engaged in a substantial business relationship with the 
owner or operator and issuing the guarantee as an act incident to that 
business relationship.
    (b) Within 120 days of the close of each financial reporting year 
the guarantor must demonstrate that it meets the financial test criteria 
of Sec. 280.95 based on year-end financial statements for the latest 
completed financial reporting year by completing the letter from the 
chief financial officer described in Sec. 280.95(d) and must deliver the 
letter to the owner or operator. If the guarantor fails to meet the 
requirements of the financial test at the end of any financial reporting 
year, within 120 days of the end of that financial reporting year the 
guarantor shall send by certified mail, before cancellation or 
nonrenewal of the guarantee, notice to the owner or operator. If the 
Director of the implementing agency notifies the guarantor that he no 
longer meets the requirements of the financial test of Sec. 280.95 (b) 
or (c) and (d), the guarantor must notify the owner or operator within 
10 days of receiving such notification from the Director. In both cases, 
the guarantee will terminate no less than 120 days after the date the 
owner or operator receives the notification, as evidenced by the return 
receipt. The owner or operator must obtain alternative coverage as 
specified in Sec. 280.110(c).

[[Page 491]]

    (c) The guarantee must be worded as follows, except that 
instructions in brackets are to be replaced with the relevant 
information and the brackets deleted:

                                Guarantee

    Guarantee made this [date] by [name of guaranteeing entity], a 
business entity organized under the laws of the state of [name of 
state], herein referred to as guarantor, to [the state implementing 
agency] and to any and all third parties, and obligees, on behalf of 
[owner or operator] of [business address].

                                Recitals.

    (1) Guarantor meets or exceeds the financial test criteria of 40 CFR 
280.95 (b) or (c) and (d) and agrees to comply with the requirements for 
guarantors as specified in 40 CFR 280.96(b).
    (2) [Owner or operator] owns or operates the following underground 
storage tank(s) covered by this guarantee: [List the number of tanks at 
each facility and the name(s) and address(es) of the facility(ies) where 
the tanks are located. If more than one instrument is used to assure 
different tanks at any one facility, for each tank covered by this 
instrument, list the tank identification number provided in the 
notification submitted pursuant to 40 CFR 280.22 or the corresponding 
state requirement, and the name and address of the facility.] This 
guarantee satisfies 40 CFR part 280, subpart H requirements for assuring 
funding for [insert: ``taking corrective action'' and/or ``compensating 
third parties for bodily injury and property damage caused by'' either 
``sudden accidental releases'' or ``nonsudden accidental releases'' or 
``accidental releases''; if coverage is different for different tanks or 
locations, indicate the type of coverage applicable to each tank or 
location] arising from operating the above-identified underground 
storage tank(s) in the amount of [insert dollar amount] per occurrence 
and [insert dollar amount] annual aggregate.
    (3) [Insert appropriate phrase: ``On behalf of our subsidiary'' (if 
guarantor is corporate parent of the owner or operator); ``On behalf of 
our affiliate'' (if guarantor is a related firm of the owner or 
operator); or ``Incident to our business relationship with'' (if 
guarantor is providing the guarantee as an incident to a substantial 
business relationship with owner or operator)] [owner or operator], 
guarantor guarantees to [implementing agency] and to any and all third 
parties that:
    In the event that [owner or operator] fails to provide alternative 
coverage within 60 days after receipt of a notice of cancellation of 
this guarantee and the [Director of the implementing agency] has 
determined or suspects that a release has occurred at an underground 
storage tank covered by this guarantee, the guarantor, upon instructions 
from the [Director], shall fund a standby trust fund in accordance with 
the provisions of 40 CFR 280.108, in an amount not to exceed the 
coverage limits specified above.
    In the event that the [Director] determines that [owner or operator] 
has failed to perform corrective action for releases arising out of the 
operation of the above-identified tank(s) in accordance with 40 CFR part 
280, subpart F, the guarantor upon written instructions from the 
[Director] shall fund a standby trust in accordance with the provisions 
of 40 CFR 280.108, in an amount not to exceed the coverage limits 
specified above.
    If [owner or operator] fails to satisfy a judgment or award based on 
a determination of liability for bodily injury or property damage to 
third parties caused by [``sudden'' and/or ``nonsudden''] accidential 
releases arising from the operation of the above-identified tank(s), or 
fails to pay an amount agreed to in settlement of a claim arising from 
or alleged to arise from such injury or damage, the guarantor, upon 
written instructions from the [Director], shall fund a standby trust in 
accordance with the provisions of 40 CFR 280.108 to satisfy such 
judgment(s), award(s), or settlement agreement(s) up to the limits of 
coverage specified above.
    (4) Guarantor agrees that if, at the end of any fiscal year before 
cancellation of this guarantee, the guarantor fails to meet the 
financial test criteria of 40 CFR 280.95 (b) or (c) and (d), guarantor 
shall send within 120 days of such failure, by certified mail, notice to 
[owner or operator]. The guarantee will terminate 120 days from the date 
of receipt of the notice by [owner or operator], as evidenced by the 
return receipt.
    (5) Guarantor agrees to notify [owner or operator] by certified mail 
of a voluntary or involuntary proceeding under Title 11 (Bankruptcy), 
U.S. Code naming guarantor as debtor, within 10 days after commencement 
of the proceeding.
    (6) Guarantor agrees to remain bound under this guarantee 
notwithstanding any modification or alteration of any obligation of 
[owner or operator] pursuant to 40 CFR part 280.
    (7) Guarantor agrees to remain bound under this guarantee for so 
long as [owner or operator] must comply with the applicable financial 
responsibility requirements of 40 CFR part 280, subpart H for the above-
identified tank(s), except that guarantor may cancel this guarantee by 
sending notice by certified mail to [owner or operator], such 
cancellation to become effective no earlier than 120 days after receipt 
of such notice by [owner or operator], as evidenced by the return 
receipt.
    (8) The guarantor's obligation does not apply to any of the 
following:

[[Page 492]]

    (a) Any obligation of [insert owner or operator] under a workers' 
compensation, disability benefits, or unemployment compensation law or 
other similar law;
    (b) Bodily injury to an employee of [insert owner or operator] 
arising from, and in the course of, employment by [insert owner or 
operator];
    (c) Bodily injury or property damage arising from the ownership, 
maintenance, use, or entrustment to others of any aircraft, motor 
vehicle, or watercraft;
    (d) Property damage to any property owned, rented, loaded to, in the 
care, custody, or control of, or occupied by [insert owner or operator] 
that is not the direct result of a release from a petroleum underground 
storage tank;
    (e) Bodily damage or property damage for which [insert owner or 
operator] is obligated to pay damages by reason of the assumption of 
liability in a contract or agreement other than a contract or agreement 
entered into to meet the requirements of 40 CFR 280.93.
    (9) Guarantor expressly waives notice of acceptance of this 
guarantee by [the implementing agency], by any or all third parties, or 
by [owner or operator].
    I hereby certify that the wording of this guarantee is identical to 
the wording specified in 40 CFR 280.96(c) as such regulations were 
constituted on the effective date shown immediately below.
Effective date:_________________________________________________________
[Name of guarantor]
[Authorized signature for guarantor]
[Name of person signing]
[Title of person signing]
Signature of witness or notary:

________________________________________________________________________

    (d) An owner or operator who uses a guarantee to satisfy the 
requirements of Sec. 280.93 must establish a standby trust fund when the 
guarantee is obtained. Under the terms of the guarantee, all amounts 
paid by the guarantor under the guarantee will be deposited directly 
into the standby trust fund in accordance with instructions from the 
Director of the implementing agency under Sec. 280.108. This standby 
trust fund must meet the requirements specified in Sec. 280.103.



Sec. 280.97  Insurance and risk retention group coverage.

    (a) An owner or operator may satisfy the requirements of Sec. 290.93 
by obtaining liability insurance that conforms to the requirements of 
this section from a qualified insurer or risk retention group. Such 
insurance may be in the form of a separate insurance policy or an 
endorsement to an existing insurance policy.
    (b) Each insurance policy must be amended by an endorsement worded 
as specified in paragraph (b)(1) of this section, or evidenced by a 
certificate of insurance worded as specified in paragraph (b)(2) of this 
section, except that instructions in brackets must be replaced with the 
relevant information and the brackets deleted:

                             (1) Endorsement

Name: [name of each covered location]
________________________________________________________________________
________________________________________________________________________
Address: [address of each covered location]
________________________________________________________________________
________________________________________________________________________
Policy Number:__________________________________________________________
Period of Coverage: [current policy period]
________________________________________________________________________
________________________________________________________________________
Name of [Insurer or Risk Retention Group]:
________________________________________________________________________
________________________________________________________________________
Address of [Insurer or Risk Retention Group]:
________________________________________________________________________
________________________________________________________________________
Name of Insured:________________________________________________________
Address of Insured:_____________________________________________________
________________________________________________________________________
________________________________________________________________________

                              Endorsement:

    1. This endorsement certifies that the policy to which the 
endorsement is attached provides liability insurance covering the 
following underground storage tanks:
    [List the number of tanks at each facility and the name(s) and 
address(es) of the facility(ies) where the tanks are located. If more 
than one instrument is used to assure different tanks at any one 
facility, for each tank covered by this instrument, list the tank 
identification number provided in the notification submitted pursuant to 
40 CFR 280.22, or the corresponding state requirement, and the name and 
address of the facility.]
for [insert: ``taking corrective action'' and/or ``compensating third 
parties for bodily injury and property damage caused by'' either 
``sudden accidental releases'' or ``nonsudden accidental releases'' or 
``accidental releases''; in accordance with and subject to the limits of 
liability, exclusions, conditions, and other terms of the policy; if 
coverage is different for different tanks or locations, indicate the 
type of coverage applicable to each tank or location] arising from 
operating the underground storage tank(s) identified above.

[[Page 493]]

    The limits of liability are [insert the dollar amount of the ``each 
occurrence'' and ``annual aggregate'' limits of the Insurer's or Group's 
liability; if the amount of coverage is different for different types of 
coverage or for different underground storage tanks or locations, 
indicate the amount of coverage for each type of coverage and/or for 
each underground storage tank or location], exclusive of legal defense 
costs, which are subject to a separate limit under the policy. This 
coverage is provided under [policy number]. The effective date of said 
policy is [date].
    2. The insurance afforded with respect to such occurrences is 
subject to all of the terms and conditions of the policy; provided, 
however, that any provisions inconsistent with subsections (a) through 
(e) of this Paragraph 2 are hereby amended to conform with subsections 
(a) through (e);
    a. Bankruptcy or insolvency of the insured shall not relieve the 
[``Insurer'' or ``Group''] of its obligations under the policy to which 
this endorsement is attached.
    b. The [``Insurer'' or ``Group''] is liable for the payment of 
amounts within any deductible applicable to the policy to the provider 
of corrective action or a damaged third-party, with a right of 
reimbursement by the insured for any such payment made by the 
[``Insurer'' or ``Group'']. This provision does not apply with respect 
to that amount of any deductible for which coverage is demonstrated 
under another mechanism or combination of mechanisms as specified in 40 
CFR 280.95-280.102.
    c. Whenever requested by [a Director of an implementing agency], the 
[``Insurer'' or ``Group''] agrees to furnish to [the Director] a signed 
duplicate original of the policy and all endorsements.
    d. Cancellation or any other termination of the insurance by the 
[``Insurer'' or ``Group''], except for non-payment of premium or 
misrepresentation by the insured, will be effective only upon written 
notice and only after the expiration of 60 days after a copy of such 
written notice is received by the insured. Cancellation for non-payment 
of premium or misrepresentation by the insured will be effective only 
upon written notice and only after expiration of a minimum of 10 days 
after a copy of such written notice is received by the insured.
    [Insert for claims-made policies:
    e. The insurance covers claims otherwise covered by the policy that 
are reported to the [``Insurer'' or ``Group''] within six months of the 
effective date of cancellation or non-renewal of the policy except where 
the new or renewed policy has the same retroactive date or a retroactive 
date earlier than that of the prior policy, and which arise out of any 
covered occurrence that commenced after the policy retroactive date, if 
applicable, and prior to such policy renewal or termination date. Claims 
reported during such extended reporting period are subject to the terms, 
conditions, limits, including limits of liability, and exclusions of the 
policy.]
    I hereby certify that the wording of this instrument is identical to 
the wording in 40 CFR 280.97(b)(1) and that the [``Insurer'' or 
``Group''] is [``licensed to transact the business of insurance or 
eligible to provide insurance as an excess or surplus lines insurer in 
one or more states''].
[Signature of authorized representative of Insurer or Risk Retention 
Group]
[Name of person signing]
[Title of person signing], Authorized Representative of [name of Insurer 
or Risk Retention Group]
[Address of Representative]

                      (2) Certificate of Insurance

Name: [name of each covered location]
________________________________________________________________________
________________________________________________________________________
Address: [address of each covered location]
________________________________________________________________________
________________________________________________________________________
Policy Number:__________________________________________________________
Endorsement (if applicable):____________________________________________
Period of Coverage: [current policy period]
________________________________________________________________________
Name of [Insurer or Risk Retention Group]:
________________________________________________________________________
________________________________________________________________________
Address of [Insurer or Risk Retention Group]:
________________________________________________________________________
________________________________________________________________________
Name of Insured:________________________________________________________
Address of Insured:
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________

                             Certification:

    1. [Name of Insurer or Risk Retention Group], [the ``Insurer'' or 
``Group''], as identified above, hereby certifies that it has issued 
liability insurance covering the following underground storage tank(s):
    [List the number of tanks at each facility and the name(s) and 
address(es) of the facility(ies) where the tanks are located. If more 
than one instrument is used to assure different tanks at any one 
facility, for each tank covered by this instrument, list the tank 
identification number provided in the notification submitted pursuant to 
40 CFR 280.22, or the corresponding state requirement, and the name and 
address of the facility.]
for [insert: ``taking corrective action'' and/or ``compensating third 
parties for bodily injury and property damage caused by'' either 
``sudden accidental releases'' or ``nonsudden accidental releases'' or 
``accidental releases''; in accordance with and subject to the limits of 
liability, exclusions, conditions,

[[Page 494]]

and other terms of the policy; if coverage is different for different 
tanks or locations, indicate the type of coverage applicable to each 
tank or location] arising from operating the underground storage tank(s) 
identified above.
    The limits of liability are [insert the dollar amount of the ``each 
occurrence'' and ``annual aggregate'' limits of the Insurer's or Group's 
liability; if the amount of coverage is different for different types of 
coverage or for different underground storage tanks or locations, 
indicate the amount of coverage for each type of coverage and/or for 
each underground storage tank or location], exclusive of legal defense 
costs, which are subject to a separate limit under the policy. This 
coverage is provided under [policy number]. The effective date of said 
policy is [date].
    2. The [``Insurer'' or ``Group''] further certifies the following 
with respect to the insurance described in Paragraph 1:
    a. Bankruptcy or insolvency of the insured shall not relieve the 
[``Insurer'' or ``Group''] of its obligations under the policy to which 
this certificate applies.
    b. The [``Insurer'' or ``Group''] is liable for the payment of 
amounts within any deductible applicable to the policy to the provider 
of corrective action or a damaged third-party, with a right of 
reimbursement by the insured for any such payment made by the 
[``Insurer'' or ``Group'']. This provision does not apply with respect 
to that amount of any deductible for which coverage is demonstrated 
under another mechanism or combination of mechanisms as specified in 40 
CFR 280.95-280.102.
    c. Whenever requested by [a Director of an implementing agency], the 
[``Insurer'' or ``Group''] agrees to furnish to [the Director] a signed 
duplicate original of the policy and all endorsements.
    d. Cancellation or any other termination of the insurance by the 
[``Insurer'' or ``Group''], except for non-payment of premium or 
misrepresentation by the insured, will be effective only upon written 
notice and only after the expiration of 60 days after a copy of such 
written notice is received by the insured. Cancellation for non-payment 
of premium or misrepresentation by the insured will be effective only 
upon written notice and only after expiration of a minimum of 10 days 
after a copy of such written notice is received by the insured.
    [Insert for claims-made policies:
    e. The insurance covers claims otherwise covered by the policy that 
are reported to the [``Insurer'' or ``Group''] within six months of the 
effective date of cancellation or non-renewal of the policy except where 
the new or renewed policy has the same retroactive date or a retroactive 
date earlier than that of the prior policy, and which arise out of any 
covered occurrence that commenced after the policy retroactive date, if 
applicable, and prior to such policy renewal or termination date. Claims 
reported during such extended reporting period are subject to the terms, 
conditions, limits, including limits of liability, and exclusions of the 
policy.]
    I hereby certify that the wording of this instrument is identical to 
the wording in 40 CFR 280.97(b)(2) and that the [``Insurer'' or 
``Group''] is [``licensed to transact the business of insurance, or 
eligible to provide insurance as an excess or surplus lines insurer, in 
one or more states''].
[Signature of authorized representative of Insurer]
[Type name]
[Title], Authorized Representative of [name of Insurer or Risk Retention 
Group]
[Address of Representative]

    (c) Each insurance policy must be issued by an insurer or a risk 
retention group that, at a minimum, is licensed to transact the business 
of insurance or eligible to provide insurance as an excess or surplus 
lines insurer in one or more states.

[53 FR 43370, Oct. 26, 1988, as amended at 54 FR 47081, Nov. 9, 1989]



Sec. 280.98  Surety bond.

    (a) An owner or operator may satisfy the requirements of Sec. 280.93 
by obtaining a surety bond that conforms to the requirements of this 
section. The surety company issuing the bond must be among those listed 
as acceptable sureties on federal bonds in the latest Circular 570 of 
the U.S. Department of the Treasury.
    (b) The surety bond must be worded as follows, except that 
instructions in brackets must be replaced with the relevant information 
and the brackets deleted:

                            Performance Bond

Date bond executed:_____________________________________________________
Period of coverage:_____________________________________________________
Principal: [legal name and business address of owner or operator]
________________________________________________________________________
Type of organization: [insert ``individual,'' ``joint venture,'' 
``partnership,'' or ``corporation'']
________________________________________________________________________
State of incorporation (if applicable):
________________________________________________________________________
Surety(ies): [name(s) and business address(es)]
________________________________________________________________________
Scope of Coverage: [List the number of tanks at each facility and the 
name(s) and address(es) of the facility(ies) where the tanks

[[Page 495]]

are located. If more than one instrument is used to assure different 
tanks at any one facility, for each tank covered by this instrument, 
list the tank identification number provided in the notification 
submitted pursuant to 40 CFR 280.22, or the corresponding state 
requirement, and the name and address of the facility. List the coverage 
guaranteed by the bond: ``taking corrective action'' and/or 
``compensating third parties for bodily injury and property damage 
caused by'' either ``sudden accidental releases'' or ``nonsudden 
accidental releases'' or ``accidental releases'' ``arising from 
operating the underground storage tank''].

Penal sums of bond:
Per occurrence $________________________________________________________
Annual aggregate $______________________________________________________
Surety's bond number:___________________________________________________

    Know All Persons by These Presents, that we, the Principal and 
Surety(ies), hereto are firmly bound to [the implementing agency], in 
the above penal sums for the payment of which we bind ourselves, our 
heirs, executors, administrators, successors, and assigns jointly and 
severally; provided that, where the Surety(ies) are corporations acting 
as co-sureties, we, the Sureties, bind ourselves in such sums jointly 
and severally only for the purpose of allowing a joint action or actions 
against any or all of us, and for all other purposes each Surety binds 
itself, jointly and severally with the Principal, for the payment of 
such sums only as is set forth opposite the name of such Surety, but if 
no limit of liability is indicated, the limit of liability shall be the 
full amount of the penal sums.
    Whereas said Principal is required under Subtitle I of the Resource 
Conservation and Recovery Act (RCRA), as amended, to provide financial 
assurance for [insert: ``taking corrective action'' and/or 
``compensating third parties for bodily injury and property damage 
caused by'' either ``sudden accidental releases'' or ``nonsudden 
accidental releases'' or ``accidental releases''; if coverage is 
different for different tanks or locations, indicate the type of 
coverage applicable to each tank or location] arising from operating the 
underground storage tanks identified above, and
    Whereas said Principal shall establish a standby trust fund as is 
required when a surety bond is used to provide such financial assurance;
    Now, therefore, the conditions of the obligation are such that if 
the Principal shall faithfully [``take corrective action, in accordance 
with 40 CFR part 280, subpart F and the Director of the state 
implementing agency's instructions for,'' and/or ``compensate injured 
third parties for bodily injury and property damage caused by'' either 
``sudden'' or ``nonsudden'' or ``sudden and nonsudden''] accidental 
releases arising from operating the tank(s) indentified above, or if the 
Principal shall provide alternate financial assurance, as specified in 
40 CFR part 280, subpart H, within 120 days after the date the notice of 
cancellation is received by the Principal from the Surety(ies), then 
this obligation shall be null and void; otherwise it is to remain in 
full force and effect.
    Such obligation does not apply to any of the following:
    (a) Any obligation of [insert owner or operator] under a workers' 
compensation, disability benefits, or unemployment compensation law or 
other similar law;
    (b) Bodily injury to an employee of [insert owner or operator] 
arising from, and in the course of, employment by [insert owner or 
operator];
    (c) Bodily injury or property damage arising from the ownership, 
maintenance, use, or entrustment to others of any aircraft, motor 
vehicle, or watercraft;
    (d) Property damage to any property owned, rented, loaned to, in the 
care, custody, or control of, or occupied by [insert owner or operator] 
that is not the direct result of a release from a petroleum underground 
storage tank;
    (e) Bodily injury or property damage for which [insert owner or 
operator] is obligated to pay damages by reason of the assumption of 
liability in a contract or agreement other than a contract or agreement 
entered into to meet the requirements of 40 CFR 280.93.
    The Surety(ies) shall become liable on this bond obligation only 
when the Principal has failed to fulfill the conditions described above.
    Upon notification by [the Director of the implementing agency] that 
the Principal has failed to [``take corrective action, in accordance 
with 40 CFR part 280, subpart F and the Director's instructions,'' and/
or ``compensate injured third parties''] as guaranteed by this bond, the 
Surety(ies) shall either perform [``corrective action in accordance with 
40 CFR part 280 and the Director's instructions,'' and/or ``third-party 
liability compensation''] or place funds in an amount up to the annual 
aggregate penal sum into the standby trust fund as directed by [the 
Regional Administrator or the Director] under 40 CFR 280.108.
    Upon notification by [the Director] that the Principal has failed to 
provide alternate financial assurance within 60 days after the date the 
notice of cancellation is received by the Principal from the Surety(ies) 
and that [the Director] has determined or suspects that a release has 
occurred, the Surety(ies) shall place funds in an amount not exceeding 
the annual aggregate penal sum into the standby trust fund as directed 
by [the Director] under 40 CFR 280.108.
    The Surety(ies) hereby waive(s) notification of amendments to 
applicable laws, statutes, rules, and regulations and agrees that

[[Page 496]]

no such amendment shall in any way alleviate its (their) obligation on 
this bond.
    The liability of the Surety(ies) shall not be discharged by any 
payment or succession of payments hereunder, unless and until such 
payment or payments shall amount in the annual aggregate to the penal 
sum shown on the face of the bond, but in no event shall the obligation 
of the Surety(ies) hereunder exceed the amount of said annual aggregate 
penal sum.
    The Surety(ies) may cancel the bond by sending notice of 
cancellation by certified mail to the Principal, provided, however, that 
cancellation shall not occur during the 120 days beginning on the date 
of receipt of the notice of cancellation by the Principal, as evidenced 
by the return receipt.
    The Principal may terminate this bond by sending written notice to 
the Surety(ies).
    In Witness Thereof, the Principal and Surety(ies) have executed this 
Bond and have affixed their seals on the date set forth above.
    The persons whose signatures appear below hereby certify that they 
are authorized to execute this surety bond on behalf of the Principal 
and Surety(ies) and that the wording of this surety bond is identical to 
the wording specified in 40 CFR 280.98(b) as such regulations were 
constituted on the date this bond was executed.

                                Principal

[Signature(s)]
[Names(s)]
[Title(s)]
[Corporate seal]

                          Corporate Surety(ies)

[Name and address]
[State of Incorporation: ----------
[Liability limit: $----------
[Signature(s)]
[Names(s) and title(s)]
[Corporate seal]

    [For every co-surety, provide signature(s), corporate seal, and 
other information in the same manner as for Surety above.]

Bond premium: $----------

    (c) Under the terms of the bond, the surety will become liable on 
the bond obligation when the owner or operator fails to perform as 
guaranteed by the bond. In all cases, the surety's liability is limited 
to the per-occurrence and annual aggregate penal sums.
    (d) The owner or operator who uses a surety bond to satisfy the 
requirements of Sec. 280.93 must establish a standby trust fund when the 
surety bond is acquired. Under the terms of the bond, all amounts paid 
by the surety under the bond will be deposited directly into the standby 
trust fund in accordance with instructions from the Director under 
Sec. 280.108. This standby trust fund must meet the requirements 
specified in Sec. 280.103.



Sec. 280.99  Letter of credit.

    (a) An owner or operator may satisfy the requirements of Sec. 280.93 
by obtaining an irrevocable standby letter of credit that conforms to 
the requirements of this section. The issuing institution must be an 
entity that has the authority to issue letters of credit in each state 
where used and whose letter-of-credit operations are regulated and 
examined by a federal or state agency.
    (b) The letter of credit must be worded as follows, except that 
instructions in brackets are to be replaced with the relevant 
information and the brackets deleted:

                  Irrevocable Standby Letter of Credit

[Name and address of issuing institution]
[Name and address of Director(s) of state implementing agency(ies)]

    Dear Sir or Madam: We hereby establish our Irrevocable Standby 
Letter of Credit No. ------ in your favor, at the request and for the 
account of [owner or operator name] of [address] up to the aggregate 
amount of [in words] U.S. dollars ($[insert dollar amount]), available 
upon presentation [insert, if more than one Director of a state 
implementing agency is a beneficiary, ``by any one of you''] of
    (1) your sight draft, bearing reference to this letter of credit, 
No. ------, and
    (2) your signed statement reading as follows: ``I certify that the 
amount of the draft is payable persuant to regulations issued under 
authority of Subtitle I of the Resource Conservation and Recovery Act of 
1976, as amended.''
    This letter of credit may be drawn on to cover [insert: ``taking 
corrective action'' and/or ``compensating third parties for bodily 
injury and property damage caused by'' either ``sudden accidental 
releases'' or ``nonsudden accidental releases'' or ``accidental 
releases''] arising from operating the underground storage tank(s) 
identified below in the amount of [in words] $[insert dollar amount] per 
occurrence and [in words] $[insert dollar amount] annual aggregate:

    [List the number of tanks at each facility and the name(s) and 
address(es) of the facility(ies) where the tanks are located. If more 
than one instrument is used to assure different tanks at any one 
facility, for each tank covered by this instrument, list the tank 
identification number provided in the

[[Page 497]]

notification submitted pursuant to 40 CFR 280.22, or the corresponding 
state requirement, and the name and address of the facility.]

    The letter of credit may not be drawn on to cover any of the 
following:

    (a) Any obligation of [insert owner or operator] under a workers' 
compensation, disability benefits, or unemployment compensation law or 
other similar law;
    (b) Bodily injury to an employee of [insert owner or operator] 
arising from, and in the course of, employment by [insert owner or 
operator];
    (c) Bodily injury or property damage arising from the ownership, 
maintenance, use, or entrustment to others of any aircraft, motor 
vehicle, or watercraft;
    (d) Property damage to any property owned, rented, loaned to, in the 
care, custody, or control of, or occupied by [insert owner or operator] 
that is not the direct result of a release from a petroleum underground 
storage tank;
    (e) Bodily injury or property damage for which [insert owner or 
operator] is obligated to pay damages by reason of the assumption of 
liability in a contract or agreement other than a contract or agreement 
entered into to meet the requirements of 40 CFR 280.93.

    This letter of credit is effective as of [date] and shall expire on 
[date], but such expiration date shall be automatically extended for a 
period of [at least the length of the original term] on [expiration 
date] and on each successive expiration date, unless, at least 120 days 
before the curent expiration date, we notify [owner or operator] by 
certified mail that we have decided not to extend this letter of credit 
beyond the current expiration date. In the event that [owner or 
operator] is so notified, any unused portion of the credit shall be 
available upon presentation of your sight draft for 120 days after the 
date of receipt by [owner or operator], as shown on the signed return 
receipt.
    Whenever this letter of credit is drawn on under and in compliance 
with the terms of this credit, we shall duly honor such draft upon 
presentation to us, and we shall deposit the amount of the draft 
directly into the standby trust fund of [owner or operator] in 
accordance with your instructions.
    We certify that the wording of this letter of credit is identical to 
the wording specified in 40 CFR 280.99(b) as such regulations were 
constituted on the date shown immediately below.

[Signature(s) and title(s) of official(s) of issuing institution]

[Date]

    This credit is subject to [insert ``the most recent edition of the 
Uniform Customs and Practice for Documentary Credits, published and 
copyrighted by the International Chamber of Commerce,'' or ``the Uniform 
Commercial Code''].

    (c) An owner or operator who uses a letter of credit to satisfy the 
requirements of Sec. 280.93 must also establish a standby trust fund 
when the letter of credit is acquired. Under the terms of the letter of 
credit, all amounts paid pursuant to a draft by the Director of the 
implementing agency will be deposited by the issuing institution 
directly into the standby trust fund in accordance with instructions 
from the Director under Sec. 280.108. This standby trust fund must meet 
the requirements specified in Sec. 280.103.
    (d) The letter of credit must be irrevocable with a term specified 
by the issuing institution. The letter of credit must provide that 
credit be automatically renewed for the same term as the original term, 
unless, at least 120 days before the current expiration date, the 
issuing institution notifies the owner or operator by certified mail of 
its decision not to renew the letter of credit. Under the terms of the 
letter of credit, the 120 days will begin on the date when the owner or 
operator receives the notice, as evidenced by the return receipt.

[53 FR 37194, Sept. 23, 1988, as amended at 59 FR 29960, June 10, 1994]



Sec. 280.100  Use of state-required mechanism.

    (a) For underground storage tanks located in a state that does not 
have an approved program, and where the state requires owners or 
operators of underground storage tanks to demonstrate financial 
responsibility for taking corrective action and/or for compensating 
third parties for bodily injury and property damage, an owner or 
operator may use a state-required financial mechanism to meet the 
requirements of Sec. 280.93 if the Regional Administrator determines 
that the state mechanism is at least equivalent to the financial 
mechanisms specified in this subpart.
    (b) The Regional Administrator will evaluate the equivalency of a 
state-required mechanism principally in terms of: certainty of the 
availability of funds for taking corrective action and/or for 
compensating third parties; the amount of funds that will be made

[[Page 498]]

available; and the types of costs covered. The Regional Administrator 
may also consider other factors as is necessary.
    (c) The state, an owner or operator, or any other interested party 
may submit to the Regional Administrator a written petition requesting 
that one or more of the state-required mechanisms be considered 
acceptable for meeting the requirements of Sec. 280.93. The submission 
must include copies of the appropriate state statutory and regulatory 
requirements and must show the amount of funds for corrective action 
and/or for compensating third parties assured by the mechanism(s). The 
Regional Administrator may require the petitioner to submit additional 
information as is deemed necessary to make this determination.
    (d) Any petition under this section may be submitted on behalf of 
all of the state's underground storage tank owners and operators.
    (e) The Regional Administrator will notify the petitioner of his 
determination regarding the mechanism's acceptability in lieu of 
financial mechanisms specified in this subpart. Pending this 
determination, the owners and operators using such mechanisms will be 
deemed to be in compliance with the requirements of Sec. 280.93 for 
underground storage tanks located in the state for the amounts and types 
of costs covered by such mechanisms.

[53 FR 43370, Oct. 26, 1988; 53 FR 51274, Dec. 21, 1988]



Sec. 280.101  State fund or other state assurance.

    (a) An owner or operator may satisfy the requirements of Sec. 280.93 
for underground storage tanks located in a state, where EPA is 
administering the requirements of this subpart, which assures that 
monies will be available from a state fund or state assurance program to 
cover costs up to the limits specified in Sec. 280.93 or otherwise 
assures that such costs will be paid if the Regional Administrator 
determines that the state's assurance is at least equivalent to the 
financial mechanisms specified in this subpart.
    (b) The Regional Administrator will evaluate the equivalency of a 
state fund or other state assurance principally in terms of: Certainty 
of the availability of funds for taking corrective action and/or for 
compensating third parties; the amount of funds that will be made 
available; and the types of costs covered. The Regional Administrator 
may also consider other factors as is necessary.
    (c) The state must submit to the Regional Administrator a 
description of the state fund or other state assurance to be supplied as 
financial assurance, along with a list of the classes of underground 
storage tanks to which the funds may be applied. The Regional 
Administrator may require the state to submit additional information as 
is deemed necessary to make a determination regarding the acceptability 
of the state fund or other state assurance. Pending the determination by 
the Regional Administrator, the owner or operator of a covered class of 
USTs will be deemed to be in compliance with the requirements of 
Sec. 280.93 for the amounts and types of costs covered by the state fund 
or other state assurance.
    (d) The Regional Administrator will notify the state of his 
determination regarding the acceptability of the state's fund or other 
assurance in lieu of financial mechanisms specified in this subpart. 
Within 60 days after the Regional Administrator notifies a state that a 
state fund or other state assurance is acceptable, the state must 
provide to each owner or operator for which it is assuming financial 
responsibility a letter or certificate describing the nature of the 
state's assumption of responsibility. The letter or certificate from the 
state must include, or have attached to it, the following information: 
the facility's name and address and the amount of funds for corrective 
action and/or for compensating third parties that is assured by the 
state. The owner or operator must maintain this letter or certificate on 
file as proof of financial responsibility in accordance with 
Sec. 280.107(b)(5).



Sec. 280.102  Trust fund.

    (a) An owner or operator may satisfy the requirements of Sec. 280.93 
by establishing a trust fund that conforms to the requirements of this 
section. The trustee must be an entity that has the authority to act as 
a trustee and whose

[[Page 499]]

trust operations are regulated and examined by a federal agency or an 
agency of the state in which the fund is established.
    (b) The wording of the trust agreement must be identical to the 
wording specified in Sec. 280.103(b)(1), and must be accompanied by a 
formal certification of acknowledgement as specified in 
Sec. 280.103(b)(2).
    (c) The trust fund, when established, must be funded for the full 
required amount of coverage, or funded for part of the required amount 
of coverage and used in combination with other mechanism(s) that provide 
the remaining required coverage.
    (d) If the value of the trust fund is greater than the required 
amount of coverage, the owner or operator may submit a written request 
to the Director of the implementing agency for release of the excess.
    (e) If other financial assurance as specified in this subpart is 
substituted for all or part of the trust fund, the owner or operator may 
submit a written request to the Director of the implementing agency for 
release of the excess.
    (f) Within 60 days after receiving a request from the owner or 
operator for release of funds as specified in paragraph (d) or (e) of 
this section, the Director of the implementing agency will instruct the 
trustee to release to the owner or operator such funds as the Director 
specifies in writing.



Sec. 280.103  Standby trust fund.

    (a) An owner or operator using any one of the mechanisms authorized 
by Secs. 280.96, 280.98, or 280.99 must establish a standby trust fund 
when the mechanism is acquired. The trustee of the standby trust fund 
must be an entity that has the authority to act as a trustee and whose 
trust operations are regulated and examined by a Federal agency or an 
agency of the state in which the fund is established.
    (b)(1) The standby trust agreement, or trust agreement, must be 
worded as follows, except that instructions in brackets are to be 
replaced with the relevant information and the brackets deleted:

                             Trust Agreement

    Trust agreement, the ``Agreement,'' entered into as of [date] by and 
between [name of the owner or operator], a [name of state] [insert 
``corporation,'' ``partnership,'' ``association,'' or 
``proprietorship''], the ``Grantor,'' and [name of corporate trustee], 
[insert ``Incorporated in the state of ------'' or ``a national bank''], 
the ``Trustee.''
    Whereas, the United States Environmental Protection Agency, ``EPA,'' 
an agency of the United States Government, has established certain 
regulations applicable to the Grantor, requiring that an owner or 
operator of an underground storage tank shall provide assurance that 
funds will be available when needed for corrective action and third-
party compensation for bodily injury and property damage caused by 
sudden and nonsudden accidental releases arising from the operation of 
the underground storage tank. The attached Schedule A lists the number 
of tanks at each facility and the name(s) and address(es) of the 
facility(ies) where the tanks are located that are covered by the 
standpoint trust agreement.
    [Whereas, the Grantor has elected to establish [insert either ``a 
guarantee,'' ``surety bond,'' or ``letter of credit''] to provide all or 
part of such financial assurance for the underground storage tanks 
identified herein and is required to establish a standby trust fund able 
to accept payments from the instrument (This paragraph is only 
applicable to the standby trust agreement.)];
    Whereas, the Grantor, acting through its duly authorized officers, 
has selected the Trustee to be the trustee under this agreement, and the 
Trustee is willing to act as trustee;
    Now, therefore, the Grantor and the Trustee agree as follows:

                         Section 1. Definitions

    As used in this Agreement:
    (a) The term ``Grantor'' means the owner or operator who enters into 
this Agreement and any successors or assigns of the Grantor.
    (b) The term ``Trustee'' means the Trustee who enters into this 
Agreement and any successor Trustee.

     Section 2. Identification of the Financial Assurance Mechanism

    This Agreement pertains to the [identify the financial assurance 
mechanism, either a guarantee, surety bond, or letter of credit, from 
which the standby trust fund is established to receive payments (This 
paragraph is only applicable to the standby trust agreement.)].

                    Section 3. Establishment of Fund

    The Grantor and the Trustee hereby establish a trust fund, the 
``Fund,'' for the benefit of [implementing agency]. The Grantor and

[[Page 500]]

the Trustee intend that no third party have access to the Fund except as 
herein provided. [The Fund is established initially as a standby to 
receive payments and shall not consist of any property.] Payments made 
by the provider of financial assurance pursuant to [the Director of the 
implementing agency's] instruction are transferred to the Trustee and 
are referred to as the Fund, together with all earnings and profits 
thereon, less any payments or distributions made by the Trustee pursuant 
to this Agreement. The Fund shall be held by the Trustee, IN TRUST, as 
hereinafter provided. The Trustee shall not be responsible nor shall it 
undertake any responsibility for the amount or adequacy of, nor any duty 
to collect from the Grantor as provider of financial assurance, any 
payments necessary to discharge any liability of the Grantor established 
by [the state implementing agency]

    Section 4. Payment for [``Corrective Action'' and/or Third-Party 
                           Liability Claims'']

    The Trustee shall make payments from the Fund as [the Director of 
the implementing agency] shall direct, in writing, to provide for the 
payment of the costs of [insert: ``taking corrective action'' and/or 
compensating third parties for bodily injury and property damage caused 
by'' either ``sudden accidental releases'' or ``nonsudden accidental 
releases'' or ``accidental releases''] arising from operating the tanks 
covered by the financial assurance mechanism identified in this 
Agreement.
    The Fund may not be drawn upon to cover any of the following:
    (a) Any obligation of [insert owner or operator] under a workers' 
compensation, disability benefits, or unemployment compensation law or 
other similar law;
    (b) Bodily injury to an employee of [insert owner or operator] 
arising from, and in the course of employment by [insert owner or 
operator];
    (c) Bodily injury or property damage arising from the ownership, 
maintenance, use, or entrustment to others of any aircraft, motor 
vehicle, or watercraft;
    (d) Property damage to any property owned, rented, loaned to, in the 
care, custody, or control of, or occupied by [insert owner or operator] 
that is not the direct result of a release from a petroleum underground 
storage tank;
    (e) Bodily injury or property damage for which [insert owner or 
operator] is obligated to pay damages by reason of the assumption of 
liability in a contract or agreement other than a contract or agreement 
entered into to meet the requirements of 40 CFR 280.93.
    The Trustee shall reimburse the Grantor, or other persons as 
specified by [the Director], from the Fund for corrective action 
expenditures and/or third-party liability claims in such amounts as [the 
Director] shall direct in writing. In addition, the Trustee shall refund 
to the Grantor such amounts as [the Director] specifies in writing. Upon 
refund, such funds shall no longer constitute part of the Fund as 
defined herein.

                 Section 5. Payments Comprising the Fund

    Payments made to the Trustee for the Fund shall consist of cash and 
securities acceptable to the Trustee.

                      Section 6. Trustee Management

    The Trustee shall invest and reinvest the principal and income of 
the Fund and keep the Fund invested as a single fund, without 
distinction between principal and income, in accordance with general 
investment policies and guidelines which the Grantor may communicate in 
writing to the Trustee from time to time, subject, however, to the 
provisions of this Section. In investing, reinvesting, exchanging, 
selling, and managing the Fund, the Trustee shall discharge his duties 
with respect to the trust fund solely in the interest of the 
beneficiaries and with the care, skill, prudence, and diligence under 
the circumstances then prevailing which persons of prudence, acting in a 
like capacity and familiar with such matters, would use in the conduct 
of an enterprise of a like character and with like aims; except that:
    (i) Securities or other obligations of the Grantor, or any other 
owner or operator of the tanks, or any of their affiliates as defined in 
the Investment Company Act of 1940, as amended, 15 U.S.C. 80a-2(a), 
shall not be acquired or held, unless they are securities or other 
obligations of the federal or a state government;
    (ii) The Trustee is authorized to invest the Fund in time or demand 
deposits of the Trustee, to the extent insured by an agency of the 
federal or state government; and
    (iii) The Trustee is authorized to hold cash awaiting investment or 
distribution uninvested for a reasonable time and without liability for 
the payment of interest thereon.

                  Section 7. Commingling and Investment

    The Trustee is expressly authorized in its discretion:
    (a) To transfer from time to time any or all of the assets of the 
Fund to any common, commingled, or collective trust fund created by the 
Trustee in which the Fund is eligible to participate, subject to all of 
the provisions thereof, to be commingled with the assets of other trusts 
participating therein; and
    (b) To purchase shares in any investment company registered under 
the Investment Company Act of 1940, 15 U.S.C. 80a-1 et seq., including 
one which may be created, managed, underwritten, or to which investment

[[Page 501]]

advice is rendered or the shares of which are sold by the Trustee. The 
Trustee may vote such shares in its discretion.

                  Section 8. Express Powers of Trustee

    Without in any way limiting the powers and discretions conferred 
upon the Trustee by the other provisions of this Agreement or by law, 
the Trustee is expressly authorized and empowered:
    (a) To sell, exchange, convey, transfer, or otherwise dispose of any 
property held by it, by public or private sale. No person dealing with 
the Trustee shall be bound to see to the application of the purchase 
money or to inquire into the validity or expediency of any such sale or 
other disposition;
    (b) To make, execute, acknowledge, and deliver any and all documents 
of transfer and conveyance and any and all other instruments that may be 
necessary or appropriate to carry out the powers herein granted;
    (c) To register any securities held in the Fund in its own name or 
in the name of a nominee and to hold any security in bearer form or in 
book entry, or to combine certificates representing such securities with 
certificates of the same issue held by the Trustee in other fiduciary 
capacities, or to deposit or arrange for the deposit of such securities 
in a qualified central depository even though, when so deposited, such 
securities may be merged and held in bulk in the name of the nominee of 
such depository with other securities deposited therein by another 
person, or to deposit or arrange for the deposit of any securities 
issued by the United States Government, or any agency or instrumentality 
thereof, with a Federal Reserve bank, but the books and records of the 
Trustee shall at all times show that all such securities are part of the 
Fund;
    (d) To deposit any cash in the Fund in interest-bearing accounts 
maintained or savings certificates issued by the Trustee, in its 
separate corporate capacity, or in any other banking institution 
affiliated with the Trustee, to the extent insured by an agency of the 
federal or state government; and
    (e) To compromise or otherwise adjust all claims in favor of or 
against the Fund.

                      Section 9. Taxes and Expenses

    All taxes of any kind that may be assessed or levied against or in 
respect of the Fund and all brokerage commissions incurred by the Fund 
shall be paid from the Fund. All other expenses incurred by the Trustee 
in connection with the administration of this Trust, including fees for 
legal services rendered to the Trustee, the compensation of the Trustee 
to the extent not paid directly by the Grantor, and all other proper 
charges and disbursements of the Trustee shall be paid from the Fund.

                      Section 10. Advice of Counsel

    The Trustee may from time to time consult with counsel, who may be 
counsel to the Grantor, with respect to any questions arising as to the 
construction of this Agreement or any action to be taken hereunder. The 
Trustee shall be fully protected, to the extent permitted by law, in 
acting upon the advice of counsel.

                    Section 11. Trustee Compensation

    The Trustee shall be entitled to reasonable compensation for its 
services as agreed upon in writing from time to time with the Grantor.

                      Section 12. Successor Trustee

    The Trustee may resign or the Grantor may replace the Trustee, but 
such resignation or replacement shall not be effective until the Grantor 
has appointed a successor trustee and this successor accepts the 
appointment. The successor trustee shall have the same powers and duties 
as those conferred upon the Trustee hereunder. Upon the successor 
trustee's acceptance of the appointment, the Trustee shall assign, 
transfer, and pay over to the successor trustee the funds and properties 
then constituting the Fund. If for any reason the Grantor cannot or does 
not act in the event of the resignation of the Trustee, the Trustee may 
apply to a court of competent jurisdiction for the appointment of a 
successor trustee or for instructions. The successor trustee shall 
specify the date on which it assumes administration of the trust in 
writing sent to the Grantor and the present Trustee by certified mail 10 
days before such change becomes effective. Any expenses incurred by the 
Trustee as a result of any of the acts contemplated by this Section 
shall be paid as provided in Section 9.

                 Section 13. Instructions to the Trustee

    All orders, requests, and instructions by the Grantor to the Trustee 
shall be in writing, signed by such persons as are designated in the 
attached Schedule B or such other designees as the Grantor may designate 
by amendment to Schedule B. The Trustee shall be fully protected in 
acting without inquiry in accordance with the Grantor's orders, 
requests, and instructions. All orders, requests, and instructions by 
[the Director of the implementing agency] to the Trustee shall be in 
writing, signed by [the Director], and the Trustee shall act and shall 
be fully protected in acting in accordance with such orders, requests, 
and instructions. The Trustee shall have the right to assume, in the 
absence of written notice to the contrary, that no event constituting a 
change or a termination of the authority of any person

[[Page 502]]

to act on behalf of the Grantor or [the director] hereunder has 
occurred. The Trustee shall have no duty to act in the absence of such 
orders, requests, and instructions from the Grantor and/or [the 
Director], except as provided for herein.

                   Section 14. Amendment of Agreement

    This Agreement may be amended by an instrument in writing executed 
by the Grantor and the Trustee, or by the Trustee and [the Director of 
the implementing agency] if the Grantor ceases to exist.

               Section 15. Irrevocability and Termination

    Subject to the right of the parties to amend this Agreement as 
provided in Section 14, this Trust shall be irrevocable and shall 
continue until terminated at the written direction of the Grantor and 
the Trustee, or by the Trustee and [the Director of the implementing 
agency], if the Grantor ceases to exist. Upon termination of the Trust, 
all remaining trust property, less final trust administration expenses, 
shall be delivered to the Grantor.

                Section 16. Immunity and Indemnification

    The Trustee shall not incur personal liability of any nature in 
connection with any act or omission, made in good faith, in the 
administration of this Trust, or in carrying out any directions by the 
Grantor or [the Director of the implementing agency] issued in 
accordance with this Agreement. The Trustee shall be indemnified and 
saved harmless by the Grantor, from and against any personal liability 
to which the Trustee may be subjected by reason of any act or conduct in 
its official capacity, including all expenses reasonably incurred in its 
defense in the event the Grantor fails to provide such defense.

                        Section 17. Choice of Law

    This Agreement shall be administered, construed, and enforced 
according to the laws of the state of [insert name of state], or the 
Comptroller of the Currency in the case of National Association banks.

                       Section 18. Interpretation

    As used in this Agreement, words in the singular include the plural 
and words in the plural include the singular. The descriptive headings 
for each section of this Agreement shall not affect the interpretation 
or the legal efficacy of this Agreement.
    In Witness whereof the parties have caused this Agreement to be 
executed by their respective officers duly authorized and their 
corporate seals (if applicable) to be hereunto affixed and attested as 
of the date first above written. The parties below certify that the 
wording of this Agreement is identical to the wording specified in 40 
CFR 280.103(b)(1) as such regulations were constituted on the date 
written above.

[Signature of Grantor]
[Name of the Grantor]
[Title]

Attest:
    [Signature of Trustee]
    [Name of the Trustee]
    [Title]
    [Seal]
    [Signature of Witness]
    [Name of the Witness]
    [Title]
    [Seal]

    (2) The standby trust agreement, or trust agreement must be 
accompanied by a formal certification of acknowledgement similar to the 
following. State requirements may differ on the proper content of this 
acknowledgment.

State of________________________________________________________________

County of_______________________________________________________________

    On this [date], before me personally came [owner or operator] to me 
known, who, being by me duly sworn, did depose and say that she/he 
resides at [address], that she/he is [title] of [corporation], the 
corporation described in and which executed the above instrument; that 
she/he knows the seal of said corporation; that the seal affixed to such 
instrument is such corporate seal; that it was so affixed by order of 
the Board of Directors of said corporation; and that she/he signed her/
his name thereto by like order.

[Signature of Notary Public]
    [Name of Notary Public]

    (c) The Director of the implementing agency will instruct the 
trustee to refund the balance of the standby trust fund to the provider 
of financial assurance if the Director determines that no additional 
corrective action costs or third-party liability claims will occur as a 
result of a release covered by the financial assurance mechanism for 
which the standby trust fund was established.
    (d) An owner or operator may establish one trust fund as the 
depository mechanism for all funds assured in compliance with this rule.

[53 FR 43370, Oct. 26, 1988; 53 FR 51274, Dec. 21, 1988]



Sec. 280.104  Local government bond rating test.

    (a) A general purpose local government owner or operator and/or 
local government serving as a guarantor

[[Page 503]]

may satisfy the requirements of Sec. 280.93 by having a currently 
outstanding issue or issues of general obligation bonds of $1 million or 
more, excluding refunded obligations, with a Moody's rating of Aaa, Aa, 
A, or Baa, or a Standard & Poor's rating of AAA, AA, A, or BBB. Where a 
local government has multiple outstanding issues, or where a local 
government's bonds are rated by both Moody's and Standard and Poor's, 
the lowest rating must be used to determine eligibility. Bonds that are 
backed by credit enhancement other than municipal bond insurance may not 
be considered in determining the amount of applicable bonds outstanding.
    (b) A local government owner or operator or local government serving 
as a guarantor that is not a general-purpose local government and does 
not have the legal authority to issue general obligation bonds may 
satisfy the requirements of Sec. 280.93 by having a currently 
outstanding issue or issues of revenue bonds of $1 million or more, 
excluding refunded issues and by also having a Moody's rating of Aaa, A, 
A, or Baa, or a Standard & Poor's rating of AAA, AA, A, or BBB as the 
lowest rating for any rated revenue bond issued by the local government. 
Where bonds are rated by both Moody's and Standard & Poor's, the lower 
rating for each bond must be used to determine eligibility. Bonds that 
are backed by credit enhancement may not be considered in determining 
the amount of applicable bonds outstanding.
    (c) The local government owner or operator and/or guarantor must 
maintain a copy of its bond rating published within the last 12 months 
by Moody's or Standard & Poor's.
    (d) To demonstrate that it meets the local government bond rating 
test, the chief financial officer of a general purpose local government 
owner or operator and/or guarantor must sign a letter worded exactly as 
follows, except that the instructions in brackets are to be replaced by 
the relevant information and the brackets deleted:

                   Letter from Chief Financial Officer

    I am the chief financial officer of [insert: name and address of 
local government owner or operator, or guarantor]. This letter is in 
support of the use of the bond rating test to demonstrate financial 
responsibility for [insert: ``taking corrective action'' and/or 
``compensating third parties for bodily injury and property damage''] 
caused by [insert: ``sudden accidental releases'' and/or ``nonsudden 
accidental releases''] in the amount of at least [insert: dollar amount] 
per occurrence and [insert: dollar amount] annual aggregate arising from 
operating (an) underground storage tank(s).
    Underground storage tanks at the following facilities are assured by 
this bond rating test: [List for each facility: the name and address of 
the facility where tanks are assured by the bond rating test].
    The details of the issue date, maturity, outstanding amount, bond 
rating, and bond rating agency of all outstanding bond issues that are 
being used by [name of local government owner or operator, or guarantor] 
to demonstrate financial responsibility are as follows: [complete table]

----------------------------------------------------------------------------------------------------------------
           Issue date                Maturity date    Outstanding amount      Bond rating        Rating agency
----------------------------------------------------------------------------------------------------------------
                                                                                              [Moody's or
                                                                                               Standard &
                                                                                               Poor's]
----------------------------------------------------------------------------------------------------------------

    The total outstanding obligation of [insert amount], excluding 
refunded bond issues, exceeds the minimum amount of $1 million. All 
outstanding general obligation bonds issued by this government that have 
been rated by Moody's or Standard & Poor's are rated as at least 
investment grade (Moody's Baa or Standard & Poor's BBB) based on the 
most recent ratings published within the last 12 months. Neither rating 
service has provided notification within the last 12 months of 
downgrading of bond ratings below investment grade or of withdrawal of 
bond rating other than for repayment of outstanding bond issues.
    I hereby certify that the wording of this letter is identical to the 
wording specified in 40 CFR Part 280.104(d) as such regulations were 
constituted on the date shown immediately below.
[Date]__________________________________________________________________
[Signature]_____________________________________________________________
[Name]__________________________________________________________________
[Title]_________________________________________________________________

    (e) To demonstrate that it meets the local government bond rating 
test, the

[[Page 504]]

chief financial officer of local government owner or operator and/or 
guarantor other than a general purpose government must sign a letter 
worded exactly as follows, except that the instructions in brackets are 
to be replaced by the relevant information and the brackets deleted:

                   Letter from Chief Financial Officer

    I am the chief financial officer of [insert: name and address of 
local government owner or operator, or guarantor]. This letter is in 
support of the use of the bond rating test to demonstrate financial 
responsibility for [insert: ``taking corrective action'' and/or 
``compensating third parties for bodily injury and property damage''] 
caused by [insert : ``sudden accidental releases'' and/or ``nonsudden 
accidental releases''] in the amount of at least [insert: dollar amount] 
per occurrence and [insert: dollar amount] annual aggregate arising from 
operating (an) underground storage tank(s). This local government is not 
organized to provide general governmental services and does not have the 
legal authority under state law or constitutional provisions to issue 
general obligation debt.
    Underground storage tanks at the following facilities are assured by 
this bond rating test: [List for each facility: the name and address of 
the facility where tanks are assured by the bond rating test].
    The details of the issue date, maturity, outstanding amount, bond 
rating, and bond rating agency of all outstanding revenue bond issues 
that are being used by [name of local government owner or operator, or 
guarantor] to demonstrate financial responsibility are as follows: 
[complete table]

----------------------------------------------------------------------------------------------------------------
           Issue date                Maturity date    Outstanding amount      Bond rating        Rating agency
----------------------------------------------------------------------------------------------------------------
                                                                                              [Moody's or
                                                                                               Standard &
                                                                                               Poor's]
----------------------------------------------------------------------------------------------------------------

    The total outstanding obligation of [insert amount], excluding 
refunded bond issues, exceeds the minimum amount of $1 million. All 
outstanding revenue bonds issued by this government that have been rated 
by Moody's or Standard & Poor's are rated as at least investment grade 
(Moody's Baa or Standard & Poor's BBB) based on the most recent ratings 
published within the last 12 months. The revenue bonds listed are not 
backed by third-party credit enhancement or are insured by a municipal 
bond insurance company. Neither rating service has provided notification 
within the last 12 months of downgrading of bond ratings below 
investment grade or of withdrawal of bond rating other than for 
repayment of outstanding bond issues.
    I hereby certify that the wording of this letter is identical to the 
wording specified in 40 CFR part 280.104(e) as such regulations were 
constituted on the date shown immediately below.

[Date]__________________________________________________________________
[Signature]_____________________________________________________________
[Name]__________________________________________________________________
[Title]_________________________________________________________________

    (f) The Director of the implementing agency may require reports of 
financial condition at any time from the local government owner or 
operator, and/or local government guarantor. If the Director finds, on 
the basis of such reports or other information, that the local 
government owner or operator, and/or guarantor, no longer meets the 
local government bond rating test requirements of Sec. 280.104, the 
local government owner or operator must obtain alternative coverage 
within 30 days after notification of such a finding.
    (g) If a local government owner or operator using the bond rating 
test to provide financial assurance finds that it no longer meets the 
bond rating test requirements, the local government owner or operator 
must obtain alternative coverage within 150 days of the change in 
status.

[58 FR 9053, Feb. 18, 1993]



Sec. 280.105  Local government financial test.

    (a) A local government owner or operator may satisfy the 
requirements of Sec. 280.93 by passing the financial test specified in 
this section. To be eligible to use the financial test, the local 
government owner or operator must have the ability and authority to 
assess and levy taxes or to freely establish fees and charges. To pass 
the local government financial test, the owner or operator must meet the 
criteria of paragraphs (b)(2) and (b)(3) of this section based on year-
end financial statements for the latest completed fiscal year.

[[Page 505]]

    (b)(1) The local government owner or operator must have the 
following information available, as shown in the year-end financial 
statements for the latest completed fiscal year:
    (i) Total revenues: Consists of the sum of general fund operating 
and non-operating revenues including net local taxes, licenses and 
permits, fines and forfeitures, revenues from use of money and property, 
charges for services, investment earnings, sales (property, 
publications, etc.), intergovernmental revenues (restricted and 
unrestricted), and total revenues from all other governmental funds 
including enterprise, debt service, capital projects, and special 
revenues, but excluding revenues to funds held in a trust or agency 
capacity. For purposes of this test, the calculation of total revenues 
shall exclude all transfers between funds under the direct control of 
the local government using the financial test (interfund transfers), 
liquidation of investments, and issuance of debt.
    (ii) Total expenditures: Consists of the sum of general fund 
operating and non-operating expenditures including public safety, public 
utilities, transportation, public works, environmental protection, 
cultural and recreational, community development, revenue sharing, 
employee benefits and compensation, office management, planning and 
zoning, capital projects, interest payments on debt, payments for 
retirement of debt principal, and total expenditures from all other 
governmental funds including enterprise, debt service, capital projects, 
and special revenues. For purposes of this test, the calculation of 
total expenditures shall exclude all transfers between funds under the 
direct control of the local government using the financial test 
(interfund transfers).
    (iii) Local revenues: Consists of total revenues (as defined in 
paragraph (b)(1)(i) of this section) minus the sum of all transfers from 
other governmental entities, including all monies received from Federal, 
state, or local government sources.
    (iv) Debt service: Consists of the sum of all interest and principal 
payments on all long-term credit obligations and all interest-bearing 
short-term credit obligations. Includes interest and principal payments 
on general obligation bonds, revenue bonds, notes, mortgages, judgments, 
and interest bearing warrants. Excludes payments on non-interest-bearing 
short-term obligations, interfund obligations, amounts owed in a trust 
or agency capacity, and advances and contingent loans from other 
governments.
    (v) Total funds: Consists of the sum of cash and investment 
securities from all funds, including general, enterprise, debt service, 
capital projects, and special revenue funds, but excluding employee 
retirement funds, at the end of the local government's financial 
reporting year. Includes Federal securities, Federal agency securities, 
state and local government securities, and other securities such as 
bonds, notes and mortgages. For purposes of this test, the calculation 
of total funds shall exclude agency funds, private trust funds, accounts 
receivable, value of real property, and other non-security assets.
    (vi) Population consists of the number of people in the area served 
by the local government.
    (2) The local government's year-end financial statements, if 
independently audited, cannot include an adverse auditor's opinion or a 
disclaimer of opinion. The local government cannot have outstanding 
issues of general obligation or revenue bonds that are rated as less 
than investment grade.
    (3) The local government owner or operator must have a letter signed 
by the chief financial officer worded as specified in paragraph (c) of 
this section.
    (c) To demonstrate that it meets the financial test under paragraph 
(b) of this section, the chief financial officer of the local government 
owner or operator, must sign, within 120 days of the close of each 
financial reporting year, as defined by the twelve-month period for 
which financial statements used to support the financial test are 
prepared, a letter worded exactly as follows, except that the 
instructions in brackets are to be replaced by the relevant information 
and the brackets deleted:

                   Letter From Chief Financial Officer

    I am the chief financial officer of [insert: name and address of the 
owner or operator]. This letter is in support of the use of the

[[Page 506]]

local government financial test to demonstrate financial responsibility 
for [insert: ``taking corrective action'' and/or ``compensating third 
parties for bodily injury and property damage''] caused by [insert: 
``sudden accidental releases'' and/or ``nonsudden accidental releases''] 
in the amount of at least [insert: dollar amount] per occurrence and 
[insert: dollar amount] annual aggregate arising from operating [an] 
underground storage tank[s].
    Underground storage tanks at the following facilities are assured by 
this financial test [List for each facility: the name and address of the 
facility where tanks assured by this financial test are located. If 
separate mechanisms or combinations of mechanisms are being used to 
assure any of the tanks at this facility, list each tank assured by this 
financial test by the tank identification number provided in the 
notification submitted pursuant to 40 CFR Part 280.22 or the 
corresponding state requirements.]
    This owner or operator has not received an adverse opinion, or a 
disclaimer of opinion from an independent auditor on its financial 
statements for the latest completed fiscal year. Any outstanding issues 
of general obligation or revenue bonds, if rated, have a Moody's rating 
of Aaa, Aa, A, or Baa or a Standard and Poor's rating of AAA, AA, A, or 
BBB; if rated by both firms, the bonds have a Moody's rating of Aaa, Aa, 
A, or Baa and a Standard and Poor's rating of AAA, AA, A, or BBB.

                 Worksheet for Municipal Financial Test

                        Part I: Basic Information

                            1. Total Revenues

a. Revenues (dollars) ------------
    Value of revenues excludes liquidation of investments and issuance 
of debt. Value includes all general fund operating and non-operating 
revenues, as well as all revenues from all other governmental funds 
including enterprise, debt service, capital projects, and special 
revenues, but excluding revenues to funds held in a trust or agency 
capacity.
b. Subtract interfund transfers (dollars)------------
c. Total Revenues (dollars)------------

                          2. Total Expenditures

a. Expenditures (dollars) ------------
    Value consists of the sum of general fund operating and non-
operating expenditures including interest payments on debt, payments for 
retirement of debt principal, and total expenditures from all other 
governmental funds including enterprise, debt service, capital projects, 
and special revenues.
b. Subtract interfund transfers (dollars)------------
c. Total Expenditures (dollars)------------

                            3. Local Revenues

a. Total Revenues (from 1c) (dollars) ------------
b. Subtract total intergovernmental transfers (dollars)------------
c. Local Revenues (dollars)------------

                             4. Debt Service

a. Interest and fiscal charges (dollars)------------
b. Add debt retirement (dollars)------------
c. Total Debt Service (dollars)------------

                  5. Total Funds (Dollars)------------

(Sum of amounts held as cash and investment securities from all funds, 
          excluding amounts held for employee retirement funds, agency 
          funds, and trust funds)

                   6. Population (Persons)------------

                      Part II: Application of Test

                     7. Total Revenues to Population

a. Total Revenues (from 1c)------------
b. Population (from 6)------------
c. Divide 7a by 7b ------------
d. Subtract 417------------
e. Divide by 5,212------------
f. Multiply by 4.095------------

                     8. Total Expenses to Population

a. Total Expenses (from 2c)------------
b. Population (from 6)------------
c. Divide 8a by 8b ------------
d. Subtract 524 ------------
e. Divide by 5,401------------
f. Multiply by 4.095------------

                   9. Local Revenues to Total Revenues

a. Local Revenues (from 3c)------------
b. Total Revenues (from 1c)------------
c. Divide 9a by 9b ------------
d. Subtract .695------------
e. Divide by .205------------
f. Multiply by 2.840 ------------

                     10. Debt Service to Population

a. Debt Service (from 4d) ------------
b. Population (from 6)------------
c. Divide 10a by 10b ------------
d. Subtract 51 ------------
e. Divide by 1,038------------
f. Multiply by -1.866------------

                   11. Debt Service to Total Revenues

a. Debt Service (from 4d)------------
b. Total Revenues (from 1c)------------
c. Divide 11a by 11b ------------
d. Subtract .068 ------------
e. Divide by .259 ------------
f. Multiply by -3.533 ------------

[[Page 507]]

                  12. Total Revenues to Total Expenses

a. Total Revenues (from 1c)------------
b. Total Expenses (from 2c)------------
c. Divide 12a by 12b------------
d. Subtract .910 ------------
e. Divide by .899 ------------
f. Multiply by 3.458 ------------

                   13. Funds Balance to Total Revenues

a. Total Funds (from 5) ------------
b. Total Revenues (from 1c)------------
c. Divide 13a by 13b ------------
d. Subtract .891 ------------
e. Divide by 9.156------------
f. Multiply by 3.270 ------------

                   14. Funds Balance to Total Expenses

a. Total Funds (from 5)------------
b. Total Expenses (from 2c)------------
c. Divide 14a by 14b------------
d. Subtract .866 ------------
e. Divide by 6.409 ------------
f. Multiply by 3.270 ------------

               15. Total Funds to Population ------------

a. Total Funds (from 5) ------------
b. Population (from 6)------------
c. Divide 15a by 15b ------------
d. Subtract 270 ------------
e. Divide by 4,548 ------------
f. Multiply by 1.866 ------------

16. Add 7f + 8f + 9f + 10f + 11f + 12f + 13f + 14f + 15f + 4.937--------
                                  ----

    I hereby certify that the financial index shown on line 16 of the 
worksheet is greater than zero and that the wording of this letter is 
identical to the wording specified in 40 CFR part 280.105(c) as such 
regulations were constituted on the date shown immediately below.

[Date]
[Signature]
[Name]
[Title]

    (d) If a local government owner or operator using the test to 
provide financial assurance finds that it no longer meets the 
requirements of the financial test based on the year-end financial 
statements, the owner or operator must obtain alternative coverage 
within 150 days of the end of the year for which financial statements 
have been prepared.
    (e) The Director of the implementing agency may require reports of 
financial condition at any time from the local government owner or 
operator. If the Director finds, on the basis of such reports or other 
information, that the local government owner or operator no longer meets 
the financial test requirements of Sec. 280.105 (b) and (c), the owner 
or operator must obtain alternate coverage within 30 days after 
notification of such a finding.
    (f) If the local government owner or operator fails to obtain 
alternate assurance within 150 days of finding that it no longer meets 
the requirements of the financial test based on the year-end financial 
statements or within 30 days of notification by the Director of the 
implementing agency that it no longer meets the requirements of the 
financial test, the owner or operator must notify the Director of such 
failure within 10 days.

[58 FR 9054, Feb. 18, 1993]



Sec. 280.106  Local government guarantee.

    (a) A local government owner or operator may satisfy the 
requirements of Sec. 280.93 by obtaining a guarantee that conforms to 
the requirements of this section. The guarantor must be either the state 
in which the local government owner or operator is located or a local 
government having a ``substantial governmental relationship'' with the 
owner and operator and issuing the guarantee as an act incident to that 
relationship. A local government acting as the guarantor must:
    (1) demonstrate that it meets the bond rating test requirement of 
Sec. 280.104 and deliver a copy of the chief financial officer's letter 
as contained in Sec. 280.104(c) to the local government owner or 
operator; or
    (2) demonstrate that it meets the worksheet test requirements of 
Sec. 280.105 and deliver a copy of the chief financial officer's letter 
as contained in Sec. 280.105(c) to the local government owner or 
operator; or
    (3) demonstrate that it meets the local government fund requirements 
of Sec. 280.107(a), Sec. 280.107(b), or Sec. 280.107(c) and deliver a 
copy of the chief financial officer's letter as contained in 
Sec. 280.107 to the local government owner or operator.
    (b) If the local government guarantor is unable to demonstrate 
financial assurance under any of Secs. 280.104, 280.105, 280.107(a), 
280.107(b), or 280.107(c), at the end of the financial reporting year, 
the guarantor shall send by certified mail, before cancellation or non-
renewal of

[[Page 508]]

the guarantee, notice to the owner or operator. The guarantee will 
terminate no less than 120 days after the date the owner or operator 
receives the notification, as evidenced by the return receipt. The owner 
or operator must obtain alternative coverage as specified in 
Sec. 280.114(c).
    (c) The guarantee agreement must be worded as specified in paragraph 
(d) or (e) of this section, depending on which of the following 
alternative guarantee arrangements is selected:
    (1) If, in the default or incapacity of the owner or operator, the 
guarantor guarantees to fund a standby trust as directed by the Director 
of the implementing agency, the guarantee shall be worded as specified 
in paragraph (d) of this section.
    (2) If, in the default or incapacity of the owner or operator, the 
guarantor guarantees to make payments as directed by the Director of the 
implementing agency for taking corrective action or compensating third 
parties for bodily injury and property damage, the guarantee shall be 
worded as specified in paragraph (e) of this section.
    (d) If the guarantor is a state, the local government guarantee with 
standby trust must be worded exactly as follows, except that 
instructions in brackets are to be replaced with relevant information 
and the brackets deleted:

      Local Government Guarantee With Standby Trust Made by a State

    Guarantee made this [date] by [name of state], herein referred to as 
guarantor, to [the state implementing agency] and to any and all third 
parties, and obliges, on behalf of [local government owner or operator].

                                Recitals

    (1) Guarantor is a state.
    (2) [Local government owner or operator] owns or operates the 
following underground storage tank(s) covered by this guarantee: [List 
the number of tanks at each facility and the name(s) and address(es) of 
the facility(ies) where the tanks are located. If more than one 
instrument is used to assure different tanks at any one facility, for 
each tank covered by this instrument, list the tank identification 
number provided in the notification submitted pursuant to 40 CFR part 
280 or the corresponding state requirement, and the name and address of 
the facility.] This guarantee satisfies 40 CFR part 280, subpart H 
requirements for assuring funding for [insert: ``taking corrective 
action'' and/or ``compensating third parties for bodily injury and 
property damage caused by'' either ``sudden accidental releases'' or 
``nonsudden accidental releases'' or ``accidental releases''; if 
coverage is different for different tanks or locations, indicate the 
type of coverage applicable to each tank or location] arising from 
operating the above-identified underground storage tank(s) in the amount 
of [insert dollar amount] per occurrence and [insert dollar amount] 
annual aggregate.
    (3) Guarantor guarantees to [implementing agency] and to any and all 
third parties that:
    In the event that [local government owner or operator] fails to 
provide alternative coverage within 60 days after receipt of a notice of 
cancellation of this guarantee and the [Director of the implementing 
agency] has determined or suspects that a release has occurred at an 
underground storage tank covered by this guarantee, the guarantor, upon 
instructions from the [Director] shall fund a standby trust fund in 
accordance with the provisions of 40 CFR part 280.112, in an amount not 
to exceed the coverage limits specified above.
    In the event that the [Director] determines that [local government 
owner or operator] has failed to perform corrective action for releases 
arising out of the operation of the above-identified tank(s) in 
accordance with 40 CFR part 280, subpart F, the guarantor upon written 
instructions from the [Director] shall fund a standby trust fund in 
accordance with the provisions of 40 CFR part 280.112, in an amount not 
to exceed the coverage limits specified above.
    If [owner or operator] fails to satisfy a judgment or award based on 
a determination of liability for bodily injury or property damage to 
third parties caused by [''sudden'' and/or ``nonsudden''] accidental 
releases arising from the operation of the above-identified tank(s), or 
fails to pay an amount agreed to in settlement of a claim arising from 
or alleged to arise from such injury or damage, the guarantor, upon 
written instructions from the [Director], shall fund a standby trust in 
accordance with the provisions of 40 CFR part 280.112 to satisfy such 
judgment(s), award(s), or settlement agreement(s) up to the limits of 
coverage specified above.
    (4) Guarantor agrees to notify [owner or operator] by certified mail 
of a voluntary or involuntary proceeding under Title 11 (Bankruptcy), 
U.S. Code naming guarantor as debtor, within 10 days after commencement 
of the proceeding.
    (5) Guarantor agrees to remain bound under this guarantee 
notwithstanding any modification or alteration of any obligation of 
[owner or operator] pursuant to 40 CFR part 280.

[[Page 509]]

    (6) Guarantor agrees to remain bound under this guarantee for so 
long as [local government owner or operator] must comply with the 
applicable financial responsibility requirements of 40 CFR part 280, 
subpart H for the above identified tank(s), except that guarantor may 
cancel this guarantee by sending notice by certified mail to [owner or 
operator], such cancellation to become effective no earlier than 120 
days after receipt of such notice by [owner or operator], as evidenced 
by the return receipt.
    (7) The guarantor's obligation does not apply to any of the 
following:
    (a) Any obligation of [local government owner or operator] under a 
workers' compensation, disability benefits, or unemployment compensation 
law or other similar law;
    (b) Bodily injury to an employee of [insert: local government owner 
or operator] arising from, and in the course of, employment by [insert: 
local government owner or operator];
    (c) Bodily injury or property damage arising from the ownership, 
maintenance, use, or entrustment to others of any aircraft, motor 
vehicle, or watercraft;
    (d) Property damage to any property owned, rented, loaded to, in the 
care, custody, or control of, or occupied by [insert: local government 
owner or operator] that is not the direct result of a release from a 
petroleum underground storage tank;
    (e) Bodily damage or property damage for which [insert owner or 
operator] is obligated to pay damages by reason of the assumption of 
liability in a contract or agreement other than a contract or agreement 
entered into to meet the requirements of 40 CFR part 280.93.
    (8) Guarantor expressly waives notice of acceptance of this 
guarantee by [the implementing agency], by any or all third parties, or 
by [local government owner or operator],
    I hereby certify that the wording of this guarantee is identical to 
the wording specified in 40 CFR part 280.106(d) as such regulations were 
constituted on the effective date shown immediately below.
Effective date:_________________________________________________________
[Name of guarantor]
[Authorized signature for guarantor]
[Name of person signing]
[Title of person signing]
Signature of witness or notary:


    If the guarantor is a local government, the local government 
guarantee with standby trust must be worded exactly as follows, except 
that instructions in brackets are to be replaced with relevant 
information and the brackets deleted:

Local Government Guarantee With Standby Trust Made by a Local Government

    Guarantee made this [date] by [name of guaranteeing entity], a local 
government organized under the laws of [name of state], herein referred 
to as guarantor, to [the state implementing agency] and to any and all 
third parties, and obliges, on behalf of [local government owner or 
operator].

                                Recitals

    (1) Guarantor meets or exceeds [select one: the local government 
bond rating test requirements of 40 CFR part 280.104, the local 
government financial test requirements of 40 CFR part 280.105, or the 
local government fund under 40 CFR part 280.107(a), 280.107(b), or 
280.107(c)].
    (2) [Local government owner or operator] owns or operates the 
following underground storage tank(s) covered by this guarantee: [List 
the number of tanks at each facility and the name(s) and address(es) of 
the facility(ies) where the tanks are located. If more than one 
instrument is used to assure different tanks at any one facility, for 
each tank covered by this instrument, list the tank identification 
number provided in the notification submitted pursuant to 40 CFR part 
280 or the corresponding state requirement, and the name and address of 
the facility.] This guarantee satisfies 40 CFR part 280, subpart H 
requirements for assuring funding for [insert: ``taking corrective 
action'' and/or ``compensating third parties for bodily injury and 
property damage caused by'' either ``sudden accidental releases'' or 
``nonsudden accidental releases'' or ``accidental releases''; if 
coverage is different for different tanks or locations, indicate the 
type of coverage applicable to each tank or location] arising from 
operating the above-identified underground storage tank(s) in the amount 
of [insert dollar amount] per occurrence and [insert: dollar amount] 
annual aggregate.
    (3) Incident to our substantial governmental relationship with 
[local government owner or operator], guarantor guarantees to 
[implementing agency] and to any and all third parties that:
    In the event that [local government owner or operator] fails to 
provide alternative coverage within 60 days after receipt of a notice of 
cancellation of this guarantee and the [Director of the implementing 
agency] has determined or suspects that a release has occurred at an 
underground storage tank covered by this guarantee, the guarantor, upon 
instructions from the [Director] shall fund a standby trust fund in 
accordance with the provisions of 40 CFR part 280.112, in an amount not 
to exceed the coverage limits specified above.
    In the event that the [Director] determines that [local government 
owner or operator] has failed to perform corrective action for releases 
arising out of the operation of the above-identified tank(s) in 
accordance with 40 CFR part 280, subpart F, the guarantor upon written 
instructions from the [Director] shall fund a standby trust fund in 
accordance with the provisions of 40 CFR part

[[Page 510]]

280.112, in an amount not to exceed the coverage limits specified above.
    If [owner or operator] fails to satisfy a judgment or award based on 
a determination of liability for bodily injury or property damage to 
third parties caused by [``sudden'' and/or ``nonsudden''] accidental 
releases arising from the operation of the above-identified tank(s), or 
fails to pay an amount agreed to in settlement of a claim arising from 
or alleged to arise from such injury or damage, the guarantor, upon 
written instructions from the [Director], shall fund a standby trust in 
accordance with the provisions of 40 CFR part 280.112 to satisfy such 
judgment(s), award(s), or settlement agreement(s) up to the limits of 
coverage specified above.
    (4) Guarantor agrees that, if at the end of any fiscal year before 
cancellation of this guarantee, the guarantor fails to meet or exceed 
the requirements of the financial responsibility mechanism specified in 
paragraph (1), guarantor shall send within 120 days of such failure, by 
certified mail, notice to [local government owner or operator], as 
evidenced by the return receipt.
    (5) Guarantor agrees to notify [owner or operator] by certified mail 
of a voluntary or involuntary proceeding under Title 11 (Bankruptcy), 
U.S. Code naming guarantor as debtor, within 10 days after commencement 
of the proceeding.
    (6) Guarantor agrees to remain bound under this guarantee 
notwithstanding any modification or alteration of any obligation of 
[owner or operator] pursuant to 40 CFR part 280.
    (7) Guarantor agrees to remain bound under this guarantee for so 
long as [local government owner or operator] must comply with the 
applicable financial responsibility requirements of 40 CFR part 280, 
subpart H for the above identified tank(s), except that guarantor may 
cancel this guarantee by sending notice by certified mail to [owner or 
operator], such cancellation to become effective no earlier than 120 
days after receipt of such notice by [owner or operator], as evidenced 
by the return receipt.
    (8) The guarantor's obligation does not apply to any of the 
following:
    (a) Any obligation of [local government owner or operator] under a 
workers' compensation, disability benefits, or unemployment compensation 
law or other similar law;
    (b) Bodily injury to an employee of [insert: local government owner 
or operator] arising from, and in the course of, employment by [insert: 
local government owner or operator];
    (c) Bodily injury or property damage arising from the ownership, 
maintenance, use, or entrustment to others of any aircraft, motor 
vehicle, or watercraft;
    (d) Property damage to any property owned, rented, loaned to, in the 
care, custody, or control of, or occupied by [insert: local government 
owner or operator] that is not the direct result of a release from a 
petroleum underground storage tank;
    (e) Bodily damage or property damage for which [insert: owner or 
operator] is obligated to pay damages by reason of the assumption of 
liability in a contract or agreement other than a contract or agreement 
entered into to meet the requirements of 40 CFR part 280.93.
    (9) Guarantor expressly waives notice of acceptance of this 
guarantee by [the implementing agency], by any or all third parties, or 
by [local government owner or operator].
    I hereby certify that the wording of this guarantee is identical to 
the wording specified in 40 CFR part 280.106(d) as such regulations were 
constituted on the effective date shown immediately below.
Effective date:_________________________________________________________
[Name of guarantor]
[Authorized signature for guarantor]
[Name of person signing]
[Title of person signing]
Signature of witness or notary:
________________________________________________________________________

    (e) If the guarantor is a state, the local government guarantee 
without standby trust must be worded exactly as follows, except that 
instructions in brackets are to be replaced with relevant information 
and the brackets deleted:

    Local Government Guarantee Without Standby Trust Made by a State

    Guarantee made this [date] by [name of state], herein referred to as 
guarantor, to [the state implementing agency] and to any and all third 
parties, and obliges, on behalf of [local government owner or operator].

                                Recitals

    (1) Guarantor is a state.
    (2) [Local government owner or operator] owns or operates the 
following underground storage tank(s) covered by this guarantee: [List 
the number of tanks at each facility and the name(s) and address(es) of 
the facility(ies) where the tanks are located. If more than one 
instrument is used to assure different tanks at any one facility, for 
each tank covered by this instrument, list the tank identification 
number provided in the notification submitted pursuant to 40 CFR part 
280 or the corresponding state requirement, and the name and address of 
the facility.] This guarantee satisfies 40 CFR part 280, subpart H 
requirements for assuring funding for [insert: ``taking corrective 
action'' and/or ``compensating third parties for bodily injury and 
property damage caused by'' either ``sudden accidental releases'' or 
``nonsudden accidental releases'' or ``accidental releases''; if 
coverage is different for different tanks or locations, indicate the

[[Page 511]]

type of coverage applicable to each tank or location] arising from 
operating the above-identified underground storage tank(s) in the amount 
of [insert: dollar amount] per occurrence and [insert: dollar amount] 
annual aggregate.
    (3) Guarantor guarantees to [implementing agency] and to any and all 
third parties and obliges that:
    In the event that [local government owner or operator] fails to 
provide alternative coverage within 60 days after receipt of a notice of 
cancellation of this guarantee and the [Director of the implementing 
agency] has determined or suspects that a release has occurred at an 
underground storage tank covered by this guarantee, the guarantor, upon 
written instructions from the [Director] shall make funds available to 
pay for corrective actions and compensate third parties for bodily 
injury and property damage in an amount not to exceed the coverage 
limits specified above.
    In the event that the [Director] determines that [local government 
owner or operator] has failed to perform corrective action for releases 
arising out of the operation of the above-identified tank(s) in 
accordance with 40 CFR part 280, subpart F, the guarantor upon written 
instructions from the [Director] shall make funds available to pay for 
corrective actions in an amount not to exceed the coverage limits 
specified above.
    If [owner or operator] fails to satisfy a judgment or award based on 
a determination of liability for bodily injury or property damage to 
third parties caused by [``sudden'' and/or ``nonsudden''] accidental 
releases arising from the operation of the above-identified tank(s), or 
fails to pay an amount agreed to in settlement of a claim arising from 
or alleged to arise from such injury or damage, the guarantor, upon 
written instructions from the [Director], shall make funds available to 
compensate third parties for bodily injury and property damage in an 
amount not to exceed the coverage limits specified above.
    (4) Guarantor agrees to notify [owner or operator] by certified mail 
of a voluntary or involuntary proceeding under Title 11 (Bankruptcy), 
U.S. Code naming guarantor as debtor, within 10 days after commencement 
of the proceeding.
    (5) Guarantor agrees to remain bound under this guarantee 
notwithstanding any modification or alteration of any obligation of 
[owner or operator] pursuant to 40 CFR part 280.
    (6) Guarantor agrees to remain bound under this guarantee for so 
long as [local government owner or operator] must comply with the 
applicable financial responsibility requirements of 40 CFR part 280, 
subpart H for the above identified tank(s), except that guarantor may 
cancel this guarantee by sending notice by certified mail to [owner or 
operator], such cancellation to become effective no earlier than 120 
days after receipt of such notice by [owner or operator], as evidenced 
by the return receipt. If notified of a probable release, the guarantor 
agrees to remain bound to the terms of this guarantee for all charges 
arising from the release, up to the coverage limits specified above, 
notwithstanding the cancellation of the guarantee with respect to future 
releases.
    (7) The guarantor's obligation does not apply to any of the 
following:
    (a) Any obligation of [local government owner or operator] under a 
workers' compensation disability benefits, or unemployment compensation 
law or other similar law;
    (b) Bodily injury to an employee of [insert local government owner 
or operator] arising from, and in the course of, employment by [insert: 
local government owner or operator];
    (c) Bodily injury or property damage arising from the ownership, 
maintenance, use, or entrustment to others of any aircraft, motor 
vehicle, or watercraft;
    (d) Property damage to any property owned, rented, loaded to, in the 
care, custody, or control of, or occupied by [insert: local government 
owner or operator] that is not the direct result of a release from a 
petroleum underground storage tank;
    (e) Bodily damage or property damage for which [insert: owner or 
operator] is obligated to pay damages by reason of the assumption of 
liability in a contract or agreement other than a contract or agreement 
entered into to meet the requirements of 40 CFR part 280.93.
    (8) Guarantor expressly waives notice of acceptance of this 
guarantee by [the implementing agency], by any or all third parties, or 
by [local government owner or operator].
    I hereby certify that the wording of this guarantee is identical to 
the wording specified in 40 CFR part 280.106(e) as such regulations were 
constituted on the effective date shown immediately below.
Effective date:_________________________________________________________
[Name of guarantor]
[Authorized signature for guarantor]
[Name of person signing]
[Title of person signing]
Signature of witness or notary:


    If the guarantor is a local government, the local government 
guarantee without standby trust must be worded exactly as follows, 
except that instructions in brackets are to be replaced with relevant 
information and the brackets deleted:

    Local Government Guarantee Without Standby Trust Made by a Local 
                               Government

    Guarantee made this [date] by [name of guaranteeing entity], a local 
government organized under the laws of [name of state], herein referred 
to as guarantor, to [the state implementing agency] and to any and all

[[Page 512]]

third parties, and obliges, on behalf of [local government owner or 
operator].

                                Recitals

    (1) Guarantor meets or exceeds [select one: the local government 
bond rating test requirements of 40 CFR part 280.104, the local 
government financial test requirements of 40 part CFR 280.105, the local 
government fund under 40 CFR part 280.107(a), 280.107(b), or 280.107(c).
    (2) [Local government owner or operator] owns or operates the 
following underground storage tank(s) covered by this guarantee: [List 
the number of tanks at each facility and the name(s) and address(es) of 
the facility(ies) where the tanks are located. If more than one 
instrument is used to assure different tanks at any one facility, for 
each tank covered by this instrument, list the tank identification 
number provided in the notification submitted pursuant to 40 CFR part 
280 or the corresponding state requirement, and the name and address of 
the facility.] This guarantee satisfies 40 CFR part 280, subpart H 
requirements for assuring funding for [insert: ``taking corrective 
action'' and/or ``compensating third parties for bodily injury and 
property damage caused by'' either ``sudden accidental releases'' or 
``nonsudden accidental releases'' or ``accidental releases''; if 
coverage is different for different tanks or locations, indicate the 
type of coverage applicable to each tank or location] arising from 
operating the above-identified underground storage tank(s) in the amount 
of [insert: dollar amount] per occurrence and [insert: dollar amount] 
annual aggregate.
    (3) Incident to our substantial governmental relationship with 
[local government owner or operator], guarantor guarantees to 
[implementing agency] and to any and all third parties and obliges that:
    In the event that [local government owner or operator] fails to 
provide alternative coverage within 60 days after receipt of a notice of 
cancellation of this guarantee and the [Director of the implementing 
agency] has determined or suspects that a release has occurred at an 
underground storage tank covered by this guarantee, the guarantor, upon 
written instructions from the [Director] shall make funds available to 
pay for corrective actions and compensate third parties for bodily 
injury and property damage in an amount not to exceed the coverage 
limits specified above.
    In the event that the [Director] determines that [local government 
owner or operator] has failed to perform corrective action for releases 
arising out of the operation of the above-identified tank(s) in 
accordance with 40 CFR part 280, subpart F, the guarantor upon written 
instructions from the [Director] shall make funds available to pay for 
corrective actions in an amount not to exceed the coverage limits 
specified above.
    If [owner or operator] fails to satisfy a judgment or award based on 
a determination of liability for bodily injury or property damage to 
third parties caused by [``sudden'' and/or ``nonsudden''] accidental 
releases arising from the operation of the above-identified tank(s), or 
fails to pay an amount agreed to in settlement of a claim arising from 
or alleged to arise from such injury or damage, the guarantor, upon 
written instructions from the [Director], shall make funds available to 
compensate third parties for bodily injury and property damage in an 
amount not to exceed the coverage limits specified above.
    (4) Guarantor agrees that if at the end of any fiscal year before 
cancellation of this guarantee, the guarantor fails to meet or exceed 
the requirements of the financial responsibility mechanism specified in 
paragraph (1), guarantor shall send within 120 days of such failure, by 
certified mail, notice to [local government owner or operator], as 
evidenced by the return receipt.
    (5) Guarantor agrees to notify [owner or operator] by certified mail 
of a voluntary or involuntary proceeding under Title 11 (Bankruptcy), 
U.S. Code naming guarantor as debtor, within 10 days after commencement 
of the proceeding.
    (6) Guarantor agrees to remain bound under this guarantee 
notwithstanding any modification or alteration of any obligation of 
[owner or operator] pursuant to 40 CFR part 280.
    (7) Guarantor agrees to remain bound under this guarantee for so 
long as [local government owner or operator] must comply with the 
applicable financial responsibility requirements of 40 CFR part 280, 
subpart H for the above identified tank(s), except that guarantor may 
cancel this guarantee by sending notice by certified mail to [owner or 
operator], such cancellation to become effective no earlier than 120 
days after receipt of such notice by [owner or operator], as evidenced 
by the return receipt. If notified of a probable release, the guarantor 
agrees to remain bound to the terms of this guarantee for all charges 
arising from the release, up to the coverage limits specified above, 
notwithstanding the cancellation of the guarantee with respect to future 
releases.
    (8) The guarantor's obligation does not apply to any of the 
following:
    (a) Any obligation of [local government owner or operator] under a 
workers' compensation disability benefits, or unemployment compensation 
law or other similar law;
    (b) Bodily injury to an employee of [insert: local government owner 
or operator] arising from, and in the course of, employment by [insert: 
local government owner or operator];
    (c) Bodily injury or property damage arising from the ownership, 
maintenance, use, or

[[Page 513]]

entrustment to others of any aircraft, motor vehicle, or watercraft;
    (d) Property damage to any property owned, rented, loaded to, in the 
care, custody, or control of, or occupied by [insert: local government 
owner or operator] that is not the direct result of a release from a 
petroleum underground storage tank;
    (e) Bodily damage or property damage for which [insert: owner or 
operator] is obligated to pay damages by reason of the assumption of 
liability in a contract or agreement other than a contract or agreement 
entered into to meet the requirements of 40 CFR part 280.93.
    (9) Guarantor expressly waives notice of acceptance of this 
guarantee by [the implementing agency], by any or all third parties, or 
by [local government owner or operator],
    I hereby certify that the wording of this guarantee is identical to 
the wording specified in 40 CFR part 280.106(e) as such regulations were 
constituted on the effective date shown immediately below.
Effective date:_________________________________________________________
[Name of guarantor]
[Authorized signature for guarantor]
[Name of person signing]
[Title of person signing]
Signature of witness or notary:

[58 FR 9056, Feb. 18, 1993]



Sec. 280.107  Local government fund.

    A local government owner or operator may satisfy the requirements of 
Sec. 280.93 by establishing a dedicated fund account that conforms to 
the requirements of this section. Except as specified in paragraph (b), 
a dedicated fund may not be commingled with other funds or otherwise 
used in normal operations. A dedicated fund will be considered eligible 
if it meets one of the following requirements:
    (a) The fund is dedicated by state constitutional provision, or 
local government statute, charter, ordinance, or order to pay for taking 
corrective action and for compensating third parties for bodily injury 
and property damage caused by accidental releases arising from the 
operation of petroleum underground storage tanks and is funded for the 
full amount of coverage required under Sec. 280.93, or funded for part 
of the required amount of coverage and used in combination with other 
mechanism(s) that provide the remaining coverage; or
    (b) The fund is dedicated by state constitutional provision, or 
local government statute, charter, ordinance, or order as a contingency 
fund for general emergencies, including taking corrective action and 
compensating third parties for bodily injury and property damage caused 
by accidental releases arising from the operation of petroleum 
underground storage tanks, and is funded for five times the full amount 
of coverage required under Sec. 280.93, or funded for part of the 
required amount of coverage and used in combination with other 
mechanism(s) that provide the remaining coverage. If the fund is funded 
for less than five times the amount of coverage required under 
Sec. 280.93, the amount of financial responsibility demonstrated by the 
fund may not exceed one-fifth the amount in the fund; or
    (c) The fund is dedicated by state constitutional provision, or 
local government statute, charter, ordinance or order to pay for taking 
corrective action and for compensating third parties for bodily injury 
and property damage caused by accidental releases arising from the 
operation of petroleum underground storage tanks. A payment is made to 
the fund once every year for seven years until the fund is fully-funded. 
This seven year period is hereafter referred to as the ``pay-in-
period.'' The amount of each payment must be determined by this formula:

 
                                        TF-CF
                                    -------------
                                          Y
------------------------------------------------------------------------
 


Where TF is the total required financial assurance for the owner or 
operator, CF is the current amount in the fund, and Y is the number of 
years remaining in the pay-in-period, and;
    (1) The local government owner or operator has available bonding 
authority, approved through voter referendum (if such approval is 
necessary prior to the issuance of bonds), for an amount equal to the 
difference between the required amount of coverage and the amount held 
in the dedicated fund. This bonding authority shall be available for 
taking corrective action and for compensating third parties for bodily 
injury and property damage caused by accidental releases arising from 
the operation of petroleum underground storage tanks, or

[[Page 514]]

    (2) The local government owner or operator has a letter signed by 
the appropriate state attorney general stating that the use of the 
bonding authority will not increase the local government's debt beyond 
the legal debt ceilings established by the relevant state laws. The 
letter must also state that prior voter approval is not necessary before 
use of the bonding authority.
    (d) To demonstrate that it meets the requirements of the local 
government fund, the chief financial officer of the local government 
owner or operator and/or guarantor must sign a letter worded exactly as 
follows, except that the instructions in brackets are to be replaced by 
the relevant information and the brackets deleted:

                   Letter from Chief Financial Officer

    I am the chief financial officer of [insert: name and address of 
local government owner or operator, or guarantor]. This letter is in 
support of the use of the local government fund mechanism to demonstrate 
financial responsibility for [insert: ``taking corrective action'' and/
or ``compensating third parties for bodily injury and property damage''] 
caused by [insert: ``sudden accidental releases'' and/or ``nonsudden 
accidental releases''] in the amount of at least [insert: dollar amount] 
per occurrence and [insert: dollar amount] annual aggregate arising from 
operating (an) underground storage tank(s).
    Underground storage tanks at the following facilities are assured by 
this local government fund mechanism: [List for each facility: the name 
and address of the facility where tanks are assured by the local 
government fund].
    [Insert: ``The local government fund is funded for the full amount 
of coverage required under Sec. 280.93, or funded for part of the 
required amount of coverage and used in combination with other 
mechanism(s) that provide the remaining coverage.'' or ``The local 
government fund is funded for ten times the full amount of coverage 
required under Sec. 280.93, or funded for part of the required amount of 
coverage and used in combination with other mechanisms(s) that provide 
the remaining coverage,'' or ``A payment is made to the fund once every 
year for seven years until the fund is fully-funded and [name of local 
government owner or operator] has available bonding authority, approved 
through voter referendum, of an amount equal to the difference between 
the required amount of coverage and the amount held in the dedicated 
fund'' or ``A payment is made to the fund once every year for seven 
years until the fund is fully-funded and I have attached a letter signed 
by the State Attorney General stating that (1) the use of the bonding 
authority will not increase the local government's debt beyond the legal 
debt ceilings established by the relevant state laws and (2) that prior 
voter approval is not necessary before use of the bonding authority''].
    The details of the local government fund are as follows:
Amount in Fund (market value of fund at close of last fiscal year):_____
    [If fund balance is incrementally funded as specified in 
Sec. 280.107(c), insert:
Amount added to fund in the most recently completed fiscal year:________
Number of years remaining in the pay-in period: --------]

    A copy of the state constitutional provision, or local government 
statute, charter, ordinance or order dedicating the fund is attached.
    I hereby certify that the wording of this letter is identical to the 
wording specified in 40 CFR 280.107(d) as such regulations were 
constituted on the date shown immediately below.
[Date]
[Signature]
[Name]
[Title]

[58 FR 9059, Feb. 18, 1993]



Sec. 280.108  Substitution of financial assurance mechanisms by owner or operator.

    (a) An owner or operator may substitute any alternate financial 
assurance mechanisms as specified in this subpart, provided that at all 
times he maintains an effective financial assurance mechanism or 
combination of mechanisms that satisfies the requirements of 
Sec. 280.93.
    (b) After obtaining alternate financial assurance as specified in 
this subpart, an owner or operator may cancel a financial assurance 
mechanism by providing notice to the provider of financial assurance.

[53 FR 43370, Oct. 26, 1988. Redesignated at 58 FR 9051, Feb. 18, 1993]



Sec. 280.109  Cancellation or nonrenewal by a provider of financial assurance.

    (a) Except as otherwise provided, a provider of financial assurance 
may cancel or fail to renew an assurance mechanism by sending a notice 
of termination by certified mail to the owner or operator.

[[Page 515]]

    (1) Termination of a local government guarantee, a guarantee, a 
surety bond, or a letter of credit may not occur until 120 days after 
the date on which the owner or operator receives the notice of 
termination, as evidenced by the return receipt.
    (2) Termination of insurance or risk retention coverage, except for 
non-payment or misrepresentation by the insured, or state-funded 
assurance may not occur until 60 days after the date on which the owner 
or operator receives the notice of termination, as evidenced by the 
return receipt. Termination for non-payment of premium or 
misrepresentation by the insured may not occur until a minimum of 10 
days after the date on which the owner or operator receives the notice 
of termination, as evidenced by the return receipt.
    (b) If a provider of financial responsibility cancels or fails to 
renew for reasons other than incapacity of the provider as specified in 
Sec. 280.114, the owner or operator must obtain alternate coverage as 
specified in this section within 60 days after receipt of the notice of 
termination. If the owner or operator fails to obtain alternate coverage 
within 60 days after receipt of the notice of termination, the owner or 
operator must notify the Director of the implementing agency of such 
failure and submit:
    (1) The name and address of the provider of financial assurance;
    (2) The effective date of termination; and
    (3) The evidence of the financial assistance mechanism subject to 
the termination maintained in accordance with Sec. 280.107(b).

[58 FR 9051, Feb. 18, 1993]



Sec. 280.110  Reporting by owner or operator.

    (a) An owner or operator must submit the appropriate forms listed in 
Sec. 280.111(b) documenting current evidence of financial responsibility 
to the Director of the implementing agency:
    (1) Within 30 days after the owner or operator identifies a release 
from an underground storage tank required to be reported under 
Sec. 280.53 or Sec. 280.61;
    (2) If the owner or operator fails to obtain alternate coverage as 
required by this subpart, within 30 days after the owner or operator 
receives notice of:
    (i) Commencement of a voluntary or involuntary proceeding under 
Title 11 (Bankruptcy), U.S. Code, naming a provider of financial 
assurance as a debtor,
    (ii) Suspension or revocation of the authority of a provider of 
financial assurance to issue a financial assurance mechanism,
    (iii) Failure of a guarantor to meet the requirements of the 
financial test,
    (iv) Other incapacity of a provider of financial assurance; or
    (3) As required by Sec. 280.95(g) and Sec. 280.109(b).
    (b) An owner or operator must certify compliance with the financial 
responsibility requirements of this part as specified in the new tank 
notification form when notifying the appropriate state or local agency 
of the installation of a new underground storage tank under Sec. 280.22.
    (c) The Director of the Implementing Agency may require an owner or 
operator to submit evidence of financial assurance as described in 
Sec. 280.111(b) or other information relevant to compliance with this 
subpart at any time.

[58 FR 9051, Feb. 18, 1993]



Sec. 280.111  Recordkeeping.

    (a) Owners or operators must maintain evidence of all financial 
assurance mechanisms used to demonstrate financial responsibility under 
this subpart for an underground storage tank until released from the 
requirements of this subpart under Sec. 208.113. An owner or operator 
must maintain such evidence at the underground storage tank site or the 
owner's or operator's place of work. Records maintained off-site must be 
made available upon request of the implementing agency.
    (b) An owner or operator must maintain the following types of 
evidence of financial responsibility:
    (1) An owner or operator using an assurance mechanism specified in 
Secs. 280.95 through 280.100 or Sec. 280.102 or Secs. 280.104 through 
280.107 must maintain a copy of the instrument worded as specified.
    (2) An owner or operator using a financial test or guarantee, or a 
local government financial test or a local

[[Page 516]]

government guarantee supported by the local government financial test 
must maintain a copy of the chief financial officer's letter based on 
year-end financial statements for the most recent completed financial 
reporting year. Such evidence must be on file no later than 120 days 
after the close of the financial reporting year.
    (3) An owner or operator using a guarantee, surety bond, or letter 
of credit must maintain a copy of the signed standby trust fund 
agreement and copies of any amendments to the agreement.
    (4) A local government owner or operator using a local government 
guarantee under Sec. 280.106(d) must maintain a copy of the signed 
standby trust fund agreement and copies of any amendments to the 
agreement.
    (5) A local government owner or operator using the local government 
bond rating test under Sec. 280.104 must maintain a copy of its bond 
rating published within the last twelve months by Moody's or Standard & 
Poor's.
    (6) A local government owner or operator using the local government 
guarantee under Sec. 280.106, where the guarantor's demonstration of 
financial responsibility relies on the bond rating test under 
Sec. 280.104 must maintain a copy of the guarantor's bond rating 
published within the last twelve months by Moody's or Standard & Poor's.
    (7) An owner or operator using an insurance policy or risk retention 
group coverage must maintain a copy of the signed insurance policy or 
risk retention group coverage policy, with the endorsement or 
certificate of insurance and any amendments to the agreements.
    (8) An owner or operator covered by a state fund or other state 
assurance must maintain on file a copy of any evidence of coverage 
supplied by or required by the state under Sec. 280.101(d).
    (9) An owner or operator using a local government fund under 
Sec. 280.107 must maintain the following documents:
    (i) A copy of the state constitutional provision or local government 
statute, charter, ordinance, or order dedicating the fund, and
    (ii) Year-end financial statements for the most recent completed 
financial reporting year showing the amount in the fund. If the fund is 
established under Sec. 280.107(a)(3) using incremental funding backed by 
bonding authority, the financial statements must show the previous 
year's balance, the amount of funding during the year, and the closing 
balance in the fund.
    (iii) If the fund is established under Sec. 280.107(a)(3) using 
incremental funding backed by bonding authority, the owner or operator 
must also maintain documentation of the required bonding authority, 
including either the results of a voter referendum (under 
Sec. 280.107(a)(3)(i)), or attestation by the State Attorney General as 
specified under Sec. 280.107(a)(3)(ii).
    (10) A local government owner or operator using the local government 
guarantee supported by the local government fund must maintain a copy of 
the guarantor's year-end financial statements for the most recent 
completed financial reporting year showing the amount of the fund.
    (11)(i) An owner or operator using an assurance mechanism specified 
in Secs. 280.95 through 280.107 must maintain an updated copy of a 
certification of financial responsibility worded as follows, except that 
instructions in brackets are to be replaced with the relevant 
information and the brackets deleted:

                Certification of Financial Responsibility

    [Owner or operator] hereby certifies that it is in compliance with 
the requirements of subpart H of 40 CFR part 280.
    The financial assurance mechanism(s) used to demonstrate financial 
responsibility under subpart H of 40 CFR part 280 is (are) as follows:
    [For each mechanism, list the type of mechanism, name of issuer, 
mechanism number (if applicable), amount of coverage, effective period 
of coverage and whether the mechanism covers ``taking corrective 
action'' and/or ``compensating third parties for bodily injury and 
property damage caused by'' either ``sudden accidental releases'' or 
``nonsudden accidental releases'' or ``accidental releases.'']

[Signature of owner or operator]
[Name of owner or operator]
[Title]
[Date]

[[Page 517]]

[Signature of witness or notary]
[Name of witness or notary]
[Date]

    (ii) The owner or operator must update this certification whenever 
the financial assurance mechanism(s) used to demonstrate financial 
responsibility change(s).

[58 FR 9051, Feb. 18, 1993]



Sec. 280.112  Drawing on financial assurance mechanisms.

    (a) Except as specified in paragraph (d) of this section, the 
Director of the implementing agency shall require the guarantor, surety, 
or institution issuing a letter of credit to place the amount of funds 
stipulated by the Director, up to the limit of funds provided by the 
financial assurance mechanism, into the standby trust if:
    (1)(i) The owner or operator fails to establish alternate financial 
assurance within 60 days after receiving notice of cancellation of the 
guarantee, surety bond, letter of credit, or, as applicable, other 
financial assurance mechanism; and
    (ii) The Director determines or suspects that a release from an 
underground storage tank covered by the mechanism has occurred and so 
notifies the owner or operator or the owner or operator has notified the 
Director pursuant to subparts E or F of a release from an underground 
storage tank covered by the mechanism; or
    (2) The conditions of paragraph (b)(1) or (b)(2) (i) or (ii) of this 
section are satisfied.
    (b) The Director of the implementing agency may draw on a standby 
trust fund when:
    (1) The Director makes a final determination that a release has 
occurred and immediate or long-term corrective action for the release is 
needed, and the owner or operator, after appropriate notice and 
opportunity to comply, has not conducted corrective action as required 
under 40 CFR part 280, subpart F; or
    (2) The Director has received either:
    (i) Certification from the owner or operator and the third-party 
liability claimant(s) and from attorneys representing the owner or 
operator and the third-party liability claimant(s) that a third-party 
liability claim should be paid. The certification must be worded as 
follows, except that instructions in brackets are to be replaced with 
the relevant information and the brackets deleted:

                      Certification of Valid Claim

    The undersigned, as principals and as legal representatives of 
[insert: owner or operator] and [insert: name and address of third-party 
claimant], hereby certify that the claim of bodily injury [and/or] 
property damage caused by an accidental release arising from operating 
[owner's or operator's] underground storage tank should be paid in the 
amount of $[------------].
[Signatures]
    Owner or Operator
    Attorney for Owner or Operator
    (Notary)
    Date
[Signatures]
    Claimant(s)
    Attorney(s) for Claimant(s)
    (Notary)
    Date

or (ii) A valid final court order establishing a judgment against the 
owner or operator for bodily injury or property damage caused by an 
accidental release from an underground storage tank covered by financial 
assurance under this subpart and the Director determines that the owner 
or operator has not satisfied the judgment.
    (c) If the Director of the implementing agency determines that the 
amount of corrective action costs and third-party liability claims 
eligible for payment under paragraph (b) of this section may exceed the 
balance of the standby trust fund and the obligation of the provider of 
financial assurance, the first priority for payment shall be corrective 
action costs necessary to protect human health and the environment. The 
Director shall pay third-party liability claims in the order in which 
the Director receives certifications under paragraph (b)(2)(i) of this 
section, and valid court orders under paragraph (b)(2)(ii) of this 
section.
    (d) A governmental entity acting as guarantor under Sec. 280.106(e), 
the local government guarantee without standby trust, shall make 
payments as directed

[[Page 518]]

by the Director under the circumstances described in Sec. 280.112 (a), 
(b), and (c).

[58 FR 9052, Feb. 18, 1993]



Sec. 280.113  Release from the requirements.

    An owner or operator is no longer required to maintain financial 
responsibility under this subpart for an underground storage tank after 
the tank has been properly closed or, if corrective action is required, 
after corrective action has been completed and the tank has been 
properly closed as required by 40 CFR part 280, subpart G.

[53 FR 43370, Oct. 26, 1988. Redesignated at 58 FR 9051, Feb. 18, 1993]



Sec. 280.114  Bankruptcy or other incapacity of owner or operator or provider of financial assurance.

    (a) Within 10 days after commencement of a voluntary or involuntary 
proceeding under Title 11 (Bankruptcy), U.S. Code, naming an owner or 
operator as debtor, the owner or operator must notify the Director of 
the implementing agency by certified mail of such commencement and 
submit the appropriate forms listed in Sec. 280.111(b) documenting 
current financial responsibility.
    (b) Within 10 days after commencement of a voluntary or involuntary 
proceeding under Title 11 (Bankruptcy), U.S. Code, naming a guarantor 
providing financial assurance as debtor, such guarantor must notify the 
owner or operator by certified mail of such commencement as required 
under the terms of the guarantee specified in Sec. 280.96.
    (c) Within 10 days after commencement of a voluntary or involuntary 
proceeding under Title 11 (Bankruptcy), U.S. Code, naming a local 
government owner or operator as debtor, the local government owner or 
operator must notify the Director of the implementing agency by 
certified mail of such commencement and submit the appropriate forms 
listed in Sec. 280.111(b) documenting current financial responsibility.
    (d) Within 10 days after commencement of a voluntary or involuntary 
proceeding under Title 11 (Bankruptcy), U.S. Code, naming a guarantor 
providing a local government financial assurance as debtor, such 
guarantor must notify the local government owner or operator by 
certified mail of such commencement as required under the terms of the 
guarantee specified in Sec. 280.106.
    (e) An owner or operator who obtains financial assurance by a 
mechanism other than the financial test of self-insurance will be deemed 
to be without the required financial assurance in the event of a 
bankruptcy or incapacity of its provider of financial assurance, or a 
suspension or revocation of the authority of the provider of financial 
assurance to issue a guarantee, insurance policy, risk retention group 
coverage policy, surety bond, letter of credit, or state-required 
mechanism. The owner or operator must obtain alternate financial 
assurance as specified in this subpart within 30 days after receiving 
notice of such an event. If the owner or operator does not obtain 
alternate coverage within 30 days after such notification, he must 
notify the Director of the implementing agency.
    (f) Within 30 days after receipt of notification that a state fund 
or other state assurance has become incapable of paying for assured 
corrective action or third-party compensation costs, the owner or 
operator must obtain alternate financial assurance.

[58 FR 9053, Feb. 18, 1993]



Sec. 280.115  Replenishment of guarantees, letters of credit, or surety bonds.

    (a) If at any time after a standby trust is funded upon the 
instruction of the Director of the implementing agency with funds drawn 
from a guarantee, local government guarantee with standby trust, letter 
of credit, or surety bond, and the amount in the standby trust is 
reduced below the full amount of coverage required, the owner or 
operator shall by the anniversary date of the financial mechanism from 
which the funds were drawn:
    (1) Replenish the value of financial assurance to equal the full 
amount of coverage required, or
    (2) Acquire another financial assurance mechanism for the amount by 
which funds in the standby trust have been reduced.

[[Page 519]]

    (b) For purposes of this section, the full amount of coverage 
required is the amount of coverage to be provided by Sec. 280.93 of this 
subpart. If a combination of mechanisms was used to provide the 
assurance funds which were drawn upon, replenishment shall occur by the 
earliest anniversary date among the mechanisms.

[58 FR 9053, Feb. 18, 1993]



Sec. 280.116  Suspension of enforcement. [Reserved]



                       Subpart I--Lender Liability

    Source: 60 FR 46711, Sept. 7, 1995, unless otherwise noted.



Sec. 280.200  Definitions.

    (a) UST technical standards, as used in this subpart, refers to the 
UST preventative and operating requirements under 40 CFR part 280, 
subparts B, C, D, G, and Sec. 280.50 of subpart E.
    (b) Petroleum production, refining, and marketing.
    (1) Petroleum production means the production of crude oil or other 
forms of petroleum (as defined in Sec. 280.12) as well as the production 
of petroleum products from purchased materials.
    (2) Petroleum refining means the cracking, distillation, separation, 
conversion, upgrading, and finishing of refined petroleum or petroleum 
products.
    (3) Petroleum marketing means the distribution, transfer, or sale of 
petroleum or petroleum products for wholesale or retail purposes.
    (c) Indicia of ownership means evidence of a secured interest, 
evidence of an interest in a security interest, or evidence of an 
interest in real or personal property securing a loan or other 
obligation, including any legal or equitable title or deed to real or 
personal property acquired through or incident to foreclosure. Evidence 
of such interests include, but are not limited to, mortgages, deeds of 
trust, liens, surety bonds and guarantees of obligations, title held 
pursuant to a lease financing transaction in which the lessor does not 
select initially the leased property (hereinafter ``lease financing 
transaction''), and legal or equitable title obtained pursuant to 
foreclosure. Evidence of such interests also includes assignments, 
pledges, or other rights to or other forms of encumbrance against 
property that are held primarily to protect a security interest. A 
person is not required to hold title or a security interest in order to 
maintain indicia of ownership.
    (d) A holder is a person who, upon the effective date of this 
regulation or in the future, maintains indicia of ownership (as defined 
in Sec. 280.200(c)) primarily to protect a security interest (as defined 
in Sec. 280.200(f)(1)) in a petroleum UST or UST system or facility or 
property on which a petroleum UST or UST system is located. A holder 
includes the initial holder (such as a loan originator); any subsequent 
holder (such as a successor-in-interest or subsequent purchaser of the 
security interest on the secondary market); a guarantor of an 
obligation, surety, or any other person who holds ownership indicia 
primarily to protect a security interest; or a receiver or other person 
who acts on behalf or for the benefit of a holder.
    (e) A borrower, debtor, or obligor is a person whose UST or UST 
system or facility or property on which the UST or UST system is located 
is encumbered by a security interest. These terms may be used 
interchangeably.
    (f) Primarily to protect a security interest means that the holder's 
indicia of ownership are held primarily for the purpose of securing 
payment or performance of an obligation.
    (1) Security interest means an interest in a petroleum UST or UST 
system or in the facility or property on which a petroleum UST or UST 
system is located, created or established for the purpose of securing a 
loan or other obligation. Security interests include but are not limited 
to mortgages, deeds of trusts, liens, and title pursuant to lease 
financing transactions. Security interests may also arise from 
transactions such as sale and leasebacks, conditional sales, installment 
sales, trust receipt transactions, certain assignments, factoring 
agreements, accounts receivable financing arrangements, and 
consignments, if the transaction creates or establishes an interest in 
an UST or UST system or in the facility or property on which the UST

[[Page 520]]

or UST system is located, for the purpose of securing a loan or other 
obligation.
    (2) Primarily to protect a security interest, as used in this 
subpart, does not include indicia of ownership held primarily for 
investment purposes, nor ownership indicia held primarily for purposes 
other than as protection for a security interest. A holder may have 
other, secondary reasons for maintaining indicia of ownership, but the 
primary reason why any ownership indicia are held must be as protection 
for a security interest.
    (g) Operation means, for purposes of this subpart, the use, storage, 
filling, or dispensing of petroleum contained in an UST or UST system.



Sec. 280.210  Participation in management.

    The term ``participating in the management of an UST or UST system'' 
means that, subsequent to the effective date of this subpart, December 
6, 1995, the holder is engaging in decisionmaking control of, or 
activities related to, operation of the UST or UST system, as defined 
herein.
    (a) Actions that are participation in management.
    (1) Participation in the management of an UST or UST system means, 
for purposes of this subpart, actual participation by the holder in the 
management or control of decisionmaking related to the operation of an 
UST or UST system. Participation in management does not include the mere 
capacity or ability to influence or the unexercised right to control UST 
or UST system operations. A holder is participating in the management of 
the UST or UST system only if the holder either:
    (i) Exercises decisionmaking control over the operational (as 
opposed to financial or administrative) aspects of the UST or UST 
system, such that the holder has undertaken responsibility for all or 
substantially all of the management of the UST or UST system; or
    (ii) Exercises control at a level comparable to that of a manager of 
the borrower's enterprise, such that the holder has assumed or 
manifested responsibility for the overall management of the enterprise 
encompassing the day-to-day decisionmaking of the enterprise with 
respect to all, or substantially all, of the operational (as opposed to 
financial or administrative) aspects of the enterprise.
    (2) Operational aspects of the enterprise relate to the use, 
storage, filling, or dispensing of petroleum contained in an UST or UST 
system, and include functions such as that of a facility or plant 
manager, operations manager, chief operating officer, or chief executive 
officer. Financial or administrative aspects include functions such as 
that of a credit manager, accounts payable/receivable manager, personnel 
manager, controller, chief financial officer, or similar functions. 
Operational aspects of the enterprise do not include the financial or 
administrative aspects of the enterprise, or actions associated with 
environmental compliance, or actions undertaken voluntarily to protect 
the environment in accordance with applicable requirements in 40 CFR 
part 280 or applicable state requirements in those states that have been 
delegated authority by EPA to administer the UST program pursuant to 42 
USC 6991c and 40 CFR part 281.
    (b) Actions that are not participation in management pre-
foreclosure.
    (1) Actions at the inception of the loan or other transaction. No 
act or omission prior to the time that indicia of ownership are held 
primarily to protect a security interest constitutes evidence of 
participation in management within the meaning of this subpart. A 
prospective holder who undertakes or requires an environmental 
investigation (which could include a site assessment, inspection, and/or 
audit) of the UST or UST system or facility or property on which the UST 
or UST system is located (in which indicia of ownership are to be held), 
or requires a prospective borrower to clean up contamination from the 
UST or UST system or to comply or come into compliance (whether prior or 
subsequent to the time that indicia of ownership are held primarily to 
protect a security interest) with any applicable law or regulation, is 
not by such action considered to be participating in the management of 
the UST or UST system or facility or property on which the UST or UST 
system is located.

[[Page 521]]

    (2) Loan policing and work out. Actions that are consistent with 
holding ownership indicia primarily to protect a security interest do 
not constitute participation in management for purposes of this subpart. 
The authority for the holder to take such actions may, but need not, be 
contained in contractual or other documents specifying requirements for 
financial, environmental, and other warranties, covenants, conditions, 
representations or promises from the borrower. Loan policing and work 
out activities cover and include all such activities up to foreclosure, 
exclusive of any activities that constitute participation in management.
    (i) Policing the security interest or loan.
    (A) A holder who engages in policing activities prior to foreclosure 
will remain within the exemption provided that the holder does not 
together with other actions participate in the management of the UST or 
UST system as provided in Sec. 280.210(a). Such policing actions 
include, but are not limited to, requiring the borrower to clean up 
contamination from the UST or UST system during the term of the security 
interest; requiring the borrower to comply or come into compliance with 
applicable federal, state, and local environmental and other laws, 
rules, and regulations during the term of the security interest; 
securing or exercising authority to monitor or inspect the UST or UST 
system or facility or property on which the UST or UST system is located 
(including on-site inspections) in which indicia of ownership are 
maintained, or the borrower's business or financial condition during the 
term of the security interest; or taking other actions to adequately 
police the loan or security interest (such as requiring a borrower to 
comply with any warranties, covenants, conditions, representations, or 
promises from the borrower).
    (B) Policing activities also include undertaking by the holder of 
UST environmental compliance actions and voluntary environmental actions 
taken in compliance with 40 CFR part 280, provided that the holder does 
not otherwise participate in the management or daily operation of the 
UST or UST system as provided in Sec. 280.210(a) and Sec. 280.230. Such 
allowable actions include, but are not limited to, release detection and 
release reporting, release response and corrective action, temporary or 
permanent closure of an UST or UST system, UST upgrading or replacement, 
and maintenance of corrosion protection. A holder who undertakes these 
actions must do so in compliance with the applicable requirements in 40 
CFR part 280 or applicable state requirements in those states that have 
been delegated authority by EPA to administer the UST program pursuant 
to 42 U.S.C. 6991c and 40 CFR part 281. A holder may directly oversee 
these environmental compliance actions and voluntary environmental 
actions, and directly hire contractors to perform the work, and is not 
by such action considered to be participating in the management of the 
UST or UST system.
    (ii) Loan work out. A holder who engages in work out activities 
prior to foreclosure will remain within the exemption provided that the 
holder does not together with other actions participate in the 
management of the UST or UST system as provided in Sec. 280.210(a). For 
purposes of this rule, ``work out'' refers to those actions by which a 
holder, at any time prior to foreclosure, seeks to prevent, cure, or 
mitigate a default by the borrower or obligor; or to preserve, or 
prevent the diminution of, the value of the security. Work out 
activities include, but are not limited to, restructuring or 
renegotiating the terms of the security interest; requiring payment of 
additional rent or interest; exercising forbearance; requiring or 
exercising rights pursuant to an assignment of accounts or other amounts 
owing to an obligor; requiring or exercising rights pursuant to an 
escrow agreement pertaining to amounts owing to an obligor; providing 
specific or general financial or other advice, suggestions, counseling, 
or guidance; and exercising any right or remedy the holder is entitled 
to by law or under any warranties, covenants, conditions, 
representations, or promises from the borrower.
    (c) Foreclosure on an UST or UST system or facility or property on 
which an UST or UST system is located, and

[[Page 522]]

participation in management activities post-foreclosure.
    (1) Foreclosure. (i) Indicia of ownership that are held primarily to 
protect a security interest include legal or equitable title or deed to 
real or personal property acquired through or incident to foreclosure. 
For purposes of this subpart, the term ``foreclosure'' means that legal, 
marketable or equitable title or deed has been issued, approved, and 
recorded, and that the holder has obtained access to the UST, UST 
system, UST facility, and property on which the UST or UST system is 
located, provided that the holder acted diligently to acquire marketable 
title or deed and to gain access to the UST, UST system, UST facility, 
and property on which the UST or UST system is located. The indicia of 
ownership held after foreclosure continue to be maintained primarily as 
protection for a security interest provided that the holder undertakes 
to sell, re-lease an UST or UST system or facility or property on which 
the UST or UST system is located, held pursuant to a lease financing 
transaction (whether by a new lease financing transaction or 
substitution of the lessee), or otherwise divest itself of the UST or 
UST system or facility or property on which the UST or UST system is 
located, in a reasonably expeditious manner, using whatever commercially 
reasonable means are relevant or appropriate with respect to the UST or 
UST system or facility or property on which the UST or UST system is 
located, taking all facts and circumstances into consideration, and 
provided that the holder does not participate in management (as defined 
in Sec. 280.210(a)) prior to or after foreclosure.
    (ii) For purposes of establishing that a holder is seeking to sell, 
re-lease pursuant to a lease financing transaction (whether by a new 
lease financing transaction or substitution of the lessee), or divest in 
a reasonably expeditious manner an UST or UST system or facility or 
property on which the UST or UST system is located, the holder may use 
whatever commercially reasonable means as are relevant or appropriate 
with respect to the UST or UST system or facility or property on which 
the UST or UST system is located, or may employ the means specified in 
Sec. 280.210(c)(2). A holder that outbids, rejects, or fails to act upon 
a written bona fide, firm offer of fair consideration for the UST or UST 
system or facility or property on which the UST or UST system is 
located, as provided in Sec. 280.210(c)(2), is not considered to hold 
indicia of ownership primarily to protect a security interest.
    (2) Holding foreclosed property for disposition and liquidation. A 
holder, who does not participate in management prior to or after 
foreclosure, may sell, re-lease, pursuant to a lease financing 
transaction (whether by a new lease financing transaction or 
substitution of the lessee), an UST or UST system or facility or 
property on which the UST or UST system is located, liquidate, wind up 
operations, and take measures, prior to sale or other disposition, to 
preserve, protect, or prepare the secured UST or UST system or facility 
or property on which the UST or UST system is located. A holder may also 
arrange for an existing or new operator to continue or initiate 
operation of the UST or UST system. The holder may conduct these 
activities without voiding the security interest exemption, subject to 
the requirements of this subpart.
    (i) A holder establishes that the ownership indicia maintained after 
foreclosure continue to be held primarily to protect a security interest 
by, within 12 months following foreclosure, listing the UST or UST 
system or the facility or property on which the UST or UST system is 
located, with a broker, dealer, or agent who deals with the type of 
property in question, or by advertising the UST or UST system or 
facility or property on which the UST or UST system is located, as being 
for sale or disposition on at least a monthly basis in either a real 
estate publication or a trade or other publication suitable for the UST 
or UST system or facility or property on which the UST or UST system is 
located, or a newspaper of general circulation (defined as one with a 
circulation over 10,000, or one suitable under any applicable federal, 
state, or local rules of court for publication required by court order 
or rules of civil procedure) covering the location of the UST or UST 
system or

[[Page 523]]

facility or property on which the UST or UST system is located. For 
purposes of this provision, the 12-month period begins to run from 
December 6, 1995 or from the date that the marketable title or deed has 
been issued, approved and recorded, and the holder has obtained access 
to the UST, UST system, UST facility and property on which the UST or 
UST system is located, whichever is later, provided that the holder 
acted diligently to acquire marketable title or deed and to obtain 
access to the UST, UST system, UST facility and property on which the 
UST or UST system is located. If the holder fails to act diligently to 
acquire marketable title or deed or to gain access to the UST or UST 
system, the 12-month period begins to run from December 6, 1995 or from 
the date on which the holder first acquires either title to or 
possession of the secured UST or UST system, or facility or property on 
which the UST or UST system is located, whichever is later.
    (ii) A holder that outbids, rejects, or fails to act upon an offer 
of fair consideration for the UST or UST system or the facility or 
property on which the UST or UST system is located, establishes by such 
outbidding, rejection, or failure to act, that the ownership indicia in 
the secured UST or UST system or facility or property on which the UST 
or UST system is located are not held primarily to protect the security 
interest, unless the holder is required, in order to avoid liability 
under federal or state law, to make a higher bid, to obtain a higher 
offer, or to seek or obtain an offer in a different manner.
    (A) Fair consideration, in the case of a holder maintaining indicia 
of ownership primarily to protect a senior security interest in the UST 
or UST system or facility or property on which the UST or UST system is 
located, is the value of the security interest as defined in this 
section. The value of the security interest includes all debt and costs 
incurred by the security interest holder, and is calculated as an amount 
equal to or in excess of the sum of the outstanding principal (or 
comparable amount in the case of a lease that constitutes a security 
interest) owed to the holder immediately preceding the acquisition of 
full title (or possession in the case of a lease financing transaction) 
pursuant to foreclosure, plus any unpaid interest, rent, or penalties 
(whether arising before or after foreclosure). The value of the security 
interest also includes all reasonable and necessary costs, fees, or 
other charges incurred by the holder incident to work out, foreclosure, 
retention, preserving, protecting, and preparing, prior to sale, the UST 
or UST system or facility or property on which the UST or UST system is 
located, re-lease, pursuant to a lease financing transaction (whether by 
a new lease financing transaction or substitution of the lessee), of an 
UST or UST system or facility or property on which the UST or UST system 
is located, or other disposition. The value of the security interest 
also includes environmental investigation costs (which could include a 
site assessment, inspection, and/or audit of the UST or UST system or 
facility or property on which the UST or UST system is located), and 
corrective action costs incurred under Secs. 280.51 through 280.67 or 
any other costs incurred as a result of reasonable efforts to comply 
with any other applicable federal, state or local law or regulation; 
less any amounts received by the holder in connection with any partial 
disposition of the property and any amounts paid by the borrower (if not 
already applied to the borrower's obligations) subsequent to the 
acquisition of full title (or possession in the case of a lease 
financing transaction) pursuant to foreclosure. In the case of a holder 
maintaining indicia of ownership primarily to protect a junior security 
interest, fair consideration is the value of all outstanding higher 
priority security interests plus the value of the security interest held 
by the junior holder, each calculated as set forth in this paragraph.
    (B) Outbids, rejects, or fails to act upon an offer of fair 
consideration means that the holder outbids, rejects, or fails to act 
upon within 90 days of receipt, a written, bona fide, firm offer of fair 
consideration for the UST or UST system or facility or property on which 
the UST or UST system is located received at any time after six months 
following foreclosure, as defined in Sec. 280.210(c). A ``written, bona

[[Page 524]]

fide, firm offer'' means a legally enforceable, commercially reasonable, 
cash offer solely for the foreclosed UST or UST system or facility or 
property on which the UST or UST system is located, including all 
material terms of the transaction, from a ready, willing, and able 
purchaser who demonstrates to the holder's satisfaction the ability to 
perform. For purposes of this provision, the six-month period begins to 
run from December 6, 1995 or from the date that marketable title or deed 
has been issued, approved and recorded to the holder, and the holder has 
obtained access to the UST, UST system, UST facility and property on 
which the UST or UST system is located, whichever is later, provided 
that the holder was acting diligently to acquire marketable title or 
deed and to obtain access to the UST or UST system, UST facility and 
property on which the UST or UST system is located. If the holder fails 
to act diligently to acquire marketable title or deed or to gain access 
to the UST or UST system, the six-month period begins to run from 
December 6, 1995 or from the date on which the holder first acquires 
either title to or possession of the secured UST or UST system, or 
facility or property on which the UST or UST system is located, 
whichever is later.
    (3) Actions that are not participation in management post-
foreclosure. A holder is not considered to be participating in the 
management of an UST or UST system or facility or property on which the 
UST or UST system is located when undertaking actions under 40 CFR part 
280, provided that the holder does not otherwise participate in the 
management or daily operation of the UST or UST system as provided in 
Sec. 280.210(a) and Sec. 280.230. Such allowable actions include, but 
are not limited to, release detection and release reporting, release 
response and corrective action, temporary or permanent closure of an UST 
or UST system, UST upgrading or replacement, and maintenance of 
corrosion protection. A holder who undertakes these actions must do so 
in compliance with the applicable requirements in 40 CFR part 280 or 
applicable state requirements in those states that have been delegated 
authority by EPA to administer the UST program pursuant to 42 U.S.C. 
6991c and 40 CFR part 281. A holder may directly oversee these 
environmental compliance actions and voluntary environmental actions, 
and directly hire contractors to perform the work, and is not by such 
action considered to be participating in the management of the UST or 
UST system.



Sec. 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.

    Ownership of an UST or UST system or facility or property on which 
an UST or UST system is located. A holder is not an ``owner'' of a 
petroleum UST or UST system or facility or property on which a petroleum 
UST or UST system is located for purposes of compliance with the UST 
technical standards as defined in Sec. 280.200(a), the UST corrective 
action requirements under Secs. 280.51 through 280.67, and the UST 
financial responsibility requirements under Secs. 280.90 through 
280.111, provided the person:
    (a) Does not participate in the management of the UST or UST system 
as defined in Sec. 280.210; and

    (b) Does not engage in petroleum production, refining, and marketing 
as defined in Sec. 280.200(b).



Sec. 280.230  Operating an underground storage tank or underground storage tank system.

    (a) Operating an UST or UST system prior to foreclosure. A holder, 
prior to foreclosure, as defined in Sec. 280.210(c), is not an 
``operator'' of a petroleum UST or UST system for purposes of compliance 
with the UST technical standards as defined in Sec. 280.200(a), the UST 
corrective action requirements under Secs. 280.51 through 280.67, and 
the UST financial responsibility requirements under Secs. 280.90 through 
280.111, provided that, after December 6, 1995, the holder is not in 
control of or does not have responsibility for the daily operation of 
the UST or UST system.

    (b) Operating an UST or UST system after foreclosure. The following 
provisions apply to a holder who, through foreclosure, as defined in 
Sec. 280.210(c),

[[Page 525]]

acquires a petroleum UST or UST system or facility or property on which 
a petroleum UST or UST system is located.

    (1) A holder is not an ``operator'' of a petroleum UST or UST system 
for purposes of compliance with 40 CFR part 280 if there is an operator, 
other than the holder, who is in control of or has responsibility for 
the daily operation of the UST or UST system, and who can be held 
responsible for compliance with applicable requirements of 40 CFR part 
280 or applicable state requirements in those states that have been 
delegated authority by EPA to administer the UST program pursuant to 42 
U.S.C. 6991c and 40 CFR part 281.

    (2) If another operator does not exist, as provided for under 
paragraph (b)(1) of this section, a holder is not an ``operator'' of the 
UST or UST system, for purposes of compliance with the UST technical 
standards as defined in Sec. 280.200(a), the UST corrective action 
requirements under Secs. 280.51 through 280.67, and the UST financial 
responsibility requirements under Secs. 280.90 through 280.111, provided 
that the holder:
    (i) Empties all of its known USTs and UST systems within 60 calendar 
days after foreclosure or within 60 calendar days after December 6, 
1995, whichever is later, or another reasonable time period specified by 
the implementing agency, so that no more than 2.5 centimeters (one inch) 
of residue, or 0.3 percent by weight of the total capacity of the UST 
system, remains in the system; leaves vent lines open and functioning; 
and caps and secures all other lines, pumps, manways, and ancillary 
equipment; and
    (ii) Empties those USTs and UST systems that are discovered after 
foreclosure within 60 calendar days after discovery or within 60 
calendar days after December 6, 1995, whichever is later, or another 
reasonable time period specified by the implementing agency, so that no 
more than 2.5 centimeters (one inch) of residue, or 0.3 percent by 
weight of the total capacity of the UST system, remains in the system; 
leaves vent lines open and functioning; and caps and secures all other 
lines, pumps, manways, and ancillary equipment.
    (3) If another operator does not exist, as provided for under 
paragraph (b)(1) of this section, in addition to satisfying the 
conditions under paragraph (b)(2) of this section, the holder must 
either:
    (i) Permanently close the UST or UST system in accordance with 
Secs. 280.71 through 280.74, except Sec. 280.72(b); or
    (ii) Temporarily close the UST or UST system in accordance with the 
following applicable provisions of Sec. 280.70:
    (A) Continue operation and maintenance of corrosion protection in 
accordance with Sec. 280.31;
    (B) Report suspected releases to the implementing agency; and
    (C) Conduct a site assessment in accordance with Sec. 280.72(a) if 
the UST system is temporarily closed for more than 12 months and the UST 
system does not meet either the performance standards in Sec. 280.20 for 
new UST systems or the upgrading requirements in Sec. 280.21, except 
that the spill and overfill equipment requirements do not have to be 
met. The holder must report any suspected releases to the implementing 
agency. For purposes of this provision, the 12-month period begins to 
run from December 6, 1995 or from the date on which the UST system is 
emptied and secured under paragraph (b)(2) of this section, whichever is 
later.
    (4) The UST system can remain in temporary closure until a 
subsequent purchaser has acquired marketable title to the UST or UST 
system or facility or property on which the UST or UST system is 
located. Once a subsequent purchaser acquires marketable title to the 
UST or UST system or facility or property on which the UST or UST system 
is located, the purchaser must decide whether to operate or close the 
UST or UST system in accordance with applicable requirements in 40 CFR 
part 280 or applicable state requirements in those states that have been 
delegated authority by EPA to administer the UST program pursuant to 42 
U.S.C. 6991c and 40 CFR part 281.

[[Page 526]]

      Appendix I to Part 280--Notification for Underground Storage 
                             Tanks (Form)
    [GRAPHIC] [TIFF OMITTED] TC06NO91.024
    

[[Page 527]]


[GRAPHIC] [TIFF OMITTED] TC01AU92.048


[[Page 528]]


[GRAPHIC] [TIFF OMITTED] TC01AU92.049

    Appendix II to Part 280--List of Agencies Designated To Receive 
                              Notifications

Alabama (EPA Form), Alabama Department of Environmental Management, 
Ground Water Section/Water Division, 1751 Congressman W.L. Dickinson 
Drive, Montgomery, Alabama 36130, 205/271-7823
Alaska (EPA Form), Department of Environmental Conservation, Box 0, 
Juneau, Alaska 99811-1800, 970/465-2653

[[Page 529]]

American Samoa (EPA Form), Executive Secretary, Environmental Quality 
Commission, Office of the Governor, American Samoan Government, Pago 
Pago, American Samoa 96799; Attention: UST Notification
Arizona (EPA Form), Attention: UST Coordinator, Arizona Department of 
Environmental Quality, Environmental Health Services, 2005 N. Central, 
Phoenix, Arizona 85004
Arkansas (EPA Form), Arkansas Department of Pollution Control and 
Ecology, P.O. Box 9583, Little Rock, Arkansas 72219, 501/562-7444
California (State Form), Executive Director, State Water Resources 
Control Board, P.O. Box 100, Sacramento, California 95801, 916/445-1533
Co1orado (EPA Form), Section Chief, Colorado Department of Health, Waste 
Management Division, Underground Tank Program, 4210 East 11th Avenue, 
Denver, Colorado 80220, 303/320-8333
Connecticut (State Form), Hazardous Materials Management Unit, 
Department of Environmental Protection, State Office Building, 165 
Capitol Avenue, Hartford, Connecticut 06106
Delaware (State Form), Division of Air and Waste Management, Department 
of Natural Resources and Environmental Control, P.O. Box 1401, 89 Kings 
Highway, Dover, Delaware 19903, 302/726-5409
District of Columbia (EPA Form), Attention: UST Notification Form, 
Department of Consumer and Regulatory Affairs, Pesticides and Hazardous 
Waste Management Branch, Room 114, 5010 Overlook Avenue SW., Washington, 
DC 20032
Florida (State Form), Florida Department of Environmental Regulation, 
Solid Waste Section, Twin Towers Office Building, 2600 Blair Stone Road, 
Tallahassee, Florida 32399, 904/487-4398
Georgia (EPA Form), Georgia Department of Natural Resources, 
Environmental Protection Division, Underground Storage Tank Program, 
3420 Norman Berry Drive, 7th Floor, Hapeville, Georgia 30354, 404/656-
7404
Guam (State Form), Administrator, Guam Environmental Protection Agency, 
P.O. Box 2999, Agana, Guam 96910, Overseas Operator (Commercial call 
646-8863)
Hawaii (EPA Form), Administrator, Hazardous Waste Program, 645 
Halekauwila Street, Honolulu, Hawaii 96813, 808/548-2270
Idaho (EPA Form), Underground Storage Tank Coordinator, Water Quality 
Bureau, Division of Environmental Quality, Idaho Department of Health 
and Welfare, 450 W. State Street, Boise, Idaho 83720, 208/334-4251
Illinois (EPA Form), Underground Storage Tank Coordinator, Division of 
Fire Prevention, Office of State Fire Marshal, 3150 Executive Park 
Drive, Springfield, Illinois 62703-4599
Indiana (EPA Form), Underground Storage Tank Program, Office of 
Environmental Response, Indiana Department of Environmental Management, 
105 South Meridian Street, Indianapolis, Indiana 46225
Iowa (State Form), UST Coordinator, Iowa Department of Natural 
Resources, Henry A. Wallace Building, 900 East Grand, Des Moines, Iowa 
50219, 512/281-8135
Kansas (EPA Form), Kansas Department of Health and Environment, Forbes 
Field, Building 740, Topeka, Kansas 66620, 913/296-1594
Kentucky (State Form), Department of Environmental Protection, Hazardous 
Waste Branch, Fort Boone Plaza, Building 2, 18 Reilly Road, 
Frankfort, Kentucky 40601, 501/564-6716
Louisiana (State Form), Secretary, Louisiana Department of Environmental 
Quality, P.O. Box 44066, Baton Rouge, Louisiana 70804, 501/342-1265
Maine (State Form), Attention: Underground Tanks Program, Bureau of Oil 
and Hazardous Material Control, Department of Environmental Protection, 
State House--Station 17, Augusta, Maine 04333
Maryland (EPA Form), Science and Health Advisory Group, Office of 
Environmental Programs, 201 West Preston Street, Baltimore, Maryland 
21201
Massachusetts (EPA Form), UST Registry, Department of Public Safety, 
1010 Commonwealth Avenue, Boston, Massachusetts 02215, 617/566-4500
Michigan (EPA Form), Michigan Department of State Police, Fire Marshal 
Division, General Office Building, 7150 Harris Drive, Lansing, Michigan 
48913
Minnesota (State Form), Underground Storage Tank Program, Division of 
Solid and Hazardous Wastes, Minnesota Pollution Control Agency, 520 West 
Lafayette Road, St. Paul, Minnesota 55155
Mississippi (State Form), Department of Natural Resources, Bureau of 
Pollution Control, Underground Storage Tank Section, P.O. Box 10385, 
Jackson, Mississippi 39209, 601/961-5171
Missouri (EPA Form), UST Coordinator, Missouri Department of Natural 
Resources, P.O. Box 176, Jefferson City, Missouri 65102, 314/751-7428
Montana (EPA Form), Solid and Hazardous Waste Bureau, Department of 
Health and Environmental Science, Cogswell Bldg., Room B-201, Helena, 
Montana 59620
Nebraska (EPA Form), Nebraska State Fire Marshal, P.O. Box 94677, 
Lincoln, Nebraska 68509-4677, 402/471-9465
Nevada (EPA Form), Attention: UST Coordinator, Division of Environmental 
Protection, Department of Conservation and Natural Resources, Capitol 
Complex 201 S. Fall Street, Carson City, Nevada 89710, 800/992-0900, 
Ext. 4670, 702/885-4670

[[Page 530]]

New Hampshire (EPA Form), NH Dept. of Environmental Services, Water 
Supply and Pollution Control Division, Hazen Drive, P.O. Box 95, 
Concord, New Hampshire 03301, Attention: UST Registration
New Jersey (State Form), Underground Storage Tank Coordinator, 
Department of Environmental Protection, Division of Water Resources (CN-
029), Trenton, New Jersey 08625, 609/292-0424
New Mexico (EPA Form), New Mexico Environmental Improvement Division, 
Groundwater/Hazardous Waste Bureau, P.O. Box 968, Santa Fe, New Mexico 
37504, 505/827-2933
New York (EPA Form), Bulk Storage Section, Division of Water, Department 
of Environmental Conservation, 50 Wolf Road, Room 326, Albany, New York 
12233-0001, 518/457-4351
North Carolina (EPA Form), Division of Environmental Management, Ground-
Water Operations Branch, Department of Natural Resources and Community 
Development, P.O. Box 27687, Raleigh, North Carolina 27611, 919/733-3221
North Dakota (State Form), Division of Hazardous Management and Special 
Studies, North Dakota Department of Health, Box 5520, Bismarck, North 
Dakota 58502-5520
Northern Mariana Islands (EPA Form), Chief, Division of Environmental 
Quality, P.O. Box 1304, Commonwealth of Northern Mariana Islands, 
Saipan, CM 96950, Cable Address: Gov. NMI Saipan, Overseas Operator: 
6984
Ohio (State Form), State Fire Marshal's Office, Department of Commerce, 
8895 E. Main Street, Reynoldsburg, Ohio 43068, State Hotline: 800/282-
1927
Oklahoma (EPA Form), Underground Storage Tank Program, Oklahoma 
Corporation Comm., Jim Thorpe Building, Oklahoma City, Oklahoma 73105
Oregon (State Form), Underground Storage Tank Program, Hazardous and 
Solid Waste Division, Department of Environmental Quality, 811 S.W. 
Sixth Avenue, Portland, Oregon 98204, 503/229-5788
Pennsylvania (EPA Form), PA Department of Environmental Resources, 
Bureau of Water Quality Management, Ground Water Unit, 9th Floor Fulton 
Building, P.O. Box 2063, Harrisburg, Pennsylvania 17120
Puerto Rico (EPA Form), Director, Water Quality Control Area, 
Environmental Quality Board, Commonwealth of Puerto Rico, Santurce, 
Puerto Rico, 809/725-0717
Rhode Island (EPA Form), UST Registration, Department of Environmental 
Management, 83 Park Street, Providence, Rhode Island 02903, 401/277-2234
South Carolina (State Form), Ground-Water Protection Division, South 
Carolina Department of Health and Environmental Control, 2600 Bull 
Street, Columbia, South Carolina 29201, 803/758-5213
South Dakota (EPA Form), Office of Water Quality, Department of Water 
and Natural Resources, Joe Foss Building, Pierre, South Dakota 57501,
Tennessee (EPA Form), Tennessee Department of Health and Environment, 
Division of Superfund Underground Storage Tank Section, 150 Ninth 
Avenue, North, Nashville, Tennessee 37219-5404, 615/741-0690
Texas (EPA Form), Underground Storage Tank Program, Texas Water 
Commission, P.O. Box 13087, Austin, Texas 78711
Utah (EPA Form), Division of Envirormental Health, P.O. Box 45500, Salt 
Lake City, Utah 84145-0500
Vermont (State Form), Underground Storage Tank Program, Vermont AEC/
Waste Management Division, State Office Building, Montpelier, Vermont 
05602, 802/828-3395
Virginia (EPA Form), Virginia Water Control Board, P.O. Box 11143, 
Richmond, Virginia 23230-1143, 804/257-6685
Virgin Islands (EPA Form), 205(J) Coordinator, Division of Natural 
Resources Management, 14 F Building 111, Watergut Homes, Christianstead, 
St. Croix, Virgin Islands 00820
Washington (State Form), Underground Storage Tank Notification, Solid 
and Hazardous Waste Program, Department of Ecology, M/S PV-11, Olympia, 
Washington 98504-8711, 206/459-6316
West Virginia (EPA Form), Attention: UST Notification, Solid and 
Hazardous Waste, Ground Water Branch, West Virginia Department of 
Natural Resources, 1201 Greenbriar Street, Charleston, West Virginia 
25311
Wisconsin (State Form), Bureau of Petroleum Inspection, P.O. Box 7969, 
Madison, Wisconsin 53707, 608/266-7605
Wyoming (EPA Form), Water Quality Division, Department of Environmental 
Quality, Herschler Building, 4th Floor West, 122 West 25th Street, 
Cheyenne, Wyoming 82002, 307/777-7781.

  Appendix III to Part 280--Statement for Shipping Tickets and Invoices

    Note.-- A Federal law (the Resource Conservation and Recovery Act 
(RCRA), as amended (Pub. L. 98-616)) requires owners of certain 
underground storage tanks to notify designated State or local agencies 
by May 8, 1986, of the existence of their tanks. Notifications for tanks 
brought into use after May 8, 1986, must be made within 30 days. Consult 
EPA's regulations, issued on November 8, 1985 (40 CFR part 280) to 
determine if you are affected by this law.

[[Page 531]]