[Code of Federal Regulations]
[Title 40, Volume 24]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR280.40]

[Page 463]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
                           AGENCY (CONTINUED)
 
PART 280--TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS (UST)--Table of Contents
 
                      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]