[Code of Federal Regulations] [Title 40, Volume 25] [Revised as of July 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR280.10] [Page 452-454] 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 A_Program Scope and Interim Prohibition Sec. 280.10 Applicability. 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. [[Page 453]] 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] 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. (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 [[Page 454]] 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.