[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: 40CFR281.32]



[Page 576-577]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 281_APPROVAL OF STATE UNDERGROUND STORAGE TANK PROGRAMS--Table of 

Contents

 

                Subpart C_Criteria for No-Less-Stringent

 

Sec.  281.32  General operating requirements.



    In order to be considered no less stringent than the corresponding 

federal general operating requirements, the state must have requirements 

that ensure all new and existing UST systems conform to the following:

    (a) Prevent spills and overfills by ensuring that the space in the 

tank is sufficient to receive the volume to be transferred and that the 

transfer operation is monitored constantly;

    (b) Where equipped with cathodic protection, be operated and 

maintained by a person with sufficient training



[[Page 577]]



and experience in preventing corrosion, and in a manner that ensures 

that no releases occur during the operating life of the UST system;

    Note: Codes of practice developed by nationally-recognized 

organizations and national independent testing laboratories may be used 

to demonstrate the state program requirements are no less stringent.

    (c) Be made of or lined with materials that are compatible with the 

substance stored;

    (d) At the time of upgrade or repair, be structurally sound and 

upgraded or repaired in a manner that will prevent releases due to 

structural failure or corrosion during their operating lives;

    (e) Have records of monitoring, testing, repairs, and closure 

maintained that are sufficient to demonstrate recent facility compliance 

status, except that records demonstrating compliance with repair and 

upgrading requirements must be maintained for the remaining operating 

life of the facility. These records must be made readily available when 

requested by the implementing agency.