[Code of Federal Regulations]
[Title 40, Volume 26]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR280.10]

[Page 500-501]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 280_TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND 
 
             Subpart A_Program Scope and Interim Prohibition
 
Sec. 280.10  Applicability.


    (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 501]]

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.