[Code of Federal Regulations]
[Title 40, Volume 26]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR280.22]

[Page 473-474]
 
                   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 B_UST Systems: Design, Construction, Installation and 
                              Notification
 
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 Sec. Sec. 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

[[Page 474]]

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.