[Code of Federal Regulations]

[Title 40, Volume 26]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR280.22]



[Page 512]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION 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 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.