The following is an informational listing of the state requirements incorporated by reference in part 282 of the Code of Federal Regulations:
Alabama
(a) The statutory provisions include: Alabama Underground Storage Tank and Wellhead Protection Act of 1988, Ala. Code sections 22-36-1 to 22-36-10 (1988):
Section 22-36-1 Short title. Section 22-36-2 Definitions. Section 22-36-4 Information to be furnished by owner upon request of department; owner to permit access of records and entry and inspection of facilities, insofar as it imposes requirements on owners and operators of underground storage tank systems.
(b) The regulatory provisions include:
Alabama Underground Storage Tank Control Regulations, Ala. Admin. Code r. 335-6-15-.01 to 335-6-15-.49 (2017):
Rule 335-6-15-.02 Definitions.
Rule 335-6-15-.03 Applicability.
Rule 335-6-15-.04 Installation Requirements For Partially Excluded UST Systems.
Rule 335-6-15-.05 Notification Requirements.
Rule 335-6-15-.06 Performance Standards For New UST Systems, And Dispensers.
Rule 335-6-15-.07 Upgrading Of Existing UST Systems.
Rule 335-6-15-.08 Plans and Specifications.
Rule 335-6-15-.09 Operation, Maintenance, and Testing or Inspection of Spill and Overfill Prevention Equipment And Containment Systems; And Walkthrough Inspections.
Rule 335-6-15-.10 Operation and Maintenance of Corrosion Protection.
Rule 335-6-15-.11 Compatibility.
Rule 335-6-15-.12 Repairs Allowed.
Rule 335-6-15-.13 Reporting And Recordkeeping, insofar as it imposes requirements on owners and operators.
Rule 335-6-15-.14 General Release Detection Requirements For All UST Systems.
Rule 335-6-15-.15 Release Detection Requirements For Petroleum UST Systems.
Rule 335-6-15-.16 Release Detection Requirements For Hazardous Substance UST Systems.
Rule 335-6-15-.17 Methods Of Release Detection For Underground Storage Tanks.
Rule 335-6-15-.18 Methods Of Release Detection For Underground Piping.
Rule 335-6-15-.19 Release Detection Recordkeeping, insofar as it imposes requirements on owners and operators.
Rule 335-6-15-.20 Reporting Of Suspected Releases.
Rule 335-6-15-.21 Investigation Due To Environmental Impacts.
Rule 335-6-15-.22 Release Investigation And Confirmation Steps.
Rule 335-6-15-.23 Reporting And Cleanup Of Spills And Overfills.
Rule 335-6-15-.24 Initial Release Response.
Rule 335-6-15-.25 Initial Abatement Measures And Preliminary Investigation.
Rule 335-6-15-.26 Preliminary Investigation Requirements.
Rule 335-6-15-.27 Free Product Removal.
Rule 335-6-15-.28 Secondary Investigation Requirements.
Rule 335-6-15-.29 Corrective Action Plan.
Rule 335-6-15-.30 Corrective Action Requirements.
Rule 335-6-15-.33 Temporary Closure.
Rule 335-6-15-.34 Permanent Closure And Changes-In-Service.
Rule 335-6-15-.35 Site Closure Or Change-In-Service Assessment.
Rule 335-6-15-.36 Applicability to Previously Closed UST Systems.
Rule 335-6-15-.37 Closure Records.
Rule 335-6-15-.43 Financial Responsibility for Petroleum UST Owners And Operators.
Rule 335-6-15-.46 Operator Training.
Rule 335-6-15-.48 UST Systems With Field-Constructed Tanks And UST Systems With Airport Hydrant Fuel Distribution Systems.
(c) Copies of Alabama statutes that are incorporated by reference are available from the Legislative Services Agency, Alabama State House, Suite 613, 11 South Union Street, Montgomery, Alabama 36110-2400; Phone number: (334) 271-7700; website: http://lsa.state.al.us. Copies of Alabama regulations that are incorporated by reference are available at the following website: http://www.alabamaadministrativecode.state.al.us.
Arkansas
(a) The regulatory provisions include: Arkansas Pollution Control and Ecology Commission (APC&EC) Regulation No. 12 Storage Tanks, as amended effective August 24, 2018:
Chapter 1 General Provisions, Reg. 12.103 Definitions, except (B)(1), Reg. 12.104 Incorporation of Federal Regulations, Reg. 12.105 Records, Reg. 12.106 Entry and Inspection of Underground Storage Tank Facilities, Reg. 12.108 Notice Requirements, Reg. 12.109 Secondary Containment;
Chapter 2 Registration of Storage Tanks, Reg. 12.201(A);
Chapter 5: Licensing of Underground Storage Tank Installers and Service Personnel, Reg. 12.502 Definitions, Reg. 12.503 Applicability, Reg. 12.504 General Requirements, Reg. 12.505 Surety Requirement, Reg. 12.506 Notification Requirement, Reg. 12.507 Contractor Licensing, Reg. 12.508 Individual Licensing, Reg. 12.509 Contractor/Individual Licensing, Reg. 12.510 Experience Requirements, Reg. 12.511 Licensing Examination, Reg. 12.512 Renewal of Licenses, Reg. 12.513 Denial of Licenses, Reg. 12.514 Department Approval of Training and Continuing Education;
Chapter 6: Licensing of Underground Storage Tank Testers, Reg. 12.602 Definitions, Reg. 12.603 Applicability, Reg. 12.604 General Requirements, Reg. 12.605 Surety Requirement, Reg. 12.606 Company Licensing, Reg. 12.607 Individual Licensing, Reg. 12.608 Company/Individual Licensing, Reg. 12.609 Experience Requirements, Reg. 12.610 Renewal of Licenses, Reg. 12.611 Denial of Licenses, Reg. 12.612 Department Approval of Training and Continuing Education; and
Chapter 7: Operator Training, Reg. 12.702 Definitions, Reg. 12.703 Applicability, Reg. 12.704 General Requirements, Reg. 12.705 Class A Operator Certification, Reg. 12.706 Class B Operator Certification, Reg. 12.707 Class C Operator Training, Reg. 12.708 Operator Examination.
(b) Copies of the Arkansas regulations that are incorporated by reference are available from the Arkansas Department of Environmental Quality (ADEQ) website at http://www.adeq.state.ar.us/regs/default.htm or the Public Outreach Office, ADEQ, 5301 Northshore Drive, North Little Rock, Arkansas 72118-5317; Phone number: (501) 682-0923.
Colorado
(a) The statutory provisions include: Colorado Revised Statutes (2018), Title 8 Labor and Industry, Article 20.5 Petroleum Storage Tanks, Part 1 Administration: Section 8-20.5-101(16) definition of “tank”.
(b) The regulatory provisions include:
(1) Code of Colorado Regulations (May 1, 2018), 7 CCR 1101-14 “Department of Labor and Employment, Division of Oil and Public Safety, Storage Tank Regulations”:
Article 1 General Provisions:
Section 1-5 Definitions, except “aboveground storage tank” (AST), “aboveground storage tank (AST) system,” “fire resistant tank,” “motor fuel,” the phrase “or above ground” in the definition of “operator,” Item (3) in the definition of “owner” relative to ASTs, and paragraph relative to ASTs in the definition of “secondary containment”; 1-6 Glossary of Acronyms and Initializations;
Article 2 Underground Storage Tanks:
Section 2-1 UST Program Scope and Applicability; Subsections 2-1-1 Applicability; 2-1-2 Determination of ownership and use;
Section 2-2 UST Design, Construction, Installation and Registration; Subsections 2-2-1 Design and Performance standards for new and replaced UST systems; 2-2-2 Installation; 2-2-2-1 Installation Application; 2-2-2-2 Installation Requirements; 2-2-2-3 Installation Inspection; 2-2-3 UST System Registration; 2-2-4 Upgrading existing UST System; 2-2-5 Repairs;
Section 2-3 Operation; Subsections 2-3-1 Operator training; 2-3-1-1 Classes of Operators; 2-3-1-2 Class A Operator; 2-3-1-3 Class B Operator; 2-3-1-4 Class C Operator; 2-3-1-5 Acceptable Training and Certification Processes; 2-3-1-6 Training and Certification Deadlines and Schedules; 2-3-1-7 Retraining Requirements; 2-3-1-8 Documentation; 2-3-2 Spill and Overfill Prevention; 2-3-3 Corrosion Protection; 2-3-4 Release Detection; 2-3-4-1 General requirements for all UST systems; 2-3-4-2 Requirements for regulated substance UST Systems; 2-3-4-3 Requirements for Piping; 2-3-4-4 Requirements for hazardous substance UST systems; 2-3-5 Periodic testing of spill prevision equipment and containment sumps used for interstitial monitoring of piping and periodic inspection of overfill prevention equipment; 2-3-6 Compliance inspections; 2-3-6-1 Monthly Compliance Inspections; 2-3-6-2 Annual Operational Compliance Inspections; 2-3-6-3 Inspections Conducted by the Director; 2-3-7 Reporting and Record Keeping;
Section 2-4 Closure of UST Systems; Subsections 2-4-1 Temporary Closure; 2-4-2 Permanent Closure; 2-4-3 Site Assessment;
Section 2-5 UST Systems with Field-Constructed Tanks and Airport Hydrant Fuel Distribution Systems; Subsections 2-5-1 Definitions; 2-5-2 General requirements; 2-5-3 Additions, exceptions, and alternatives for UST systems with field-constructed tanks and airport hydrant systems;
Article 4 Release Identification And Reporting:
Sections 4-1 Suspected Releases; 4-2 Response to Suspected Releases; 4-3 Confirmed Releases;
Article 5 Release Response:
Section 5-1 Response to Confirmed Releases; Subsections 5-1-1 Acute human health hazards; 5-1-2 Chronic and secondary human health hazards and other environmental impacts; Section 5-2 Site Characterization;
Section 5-3 Corrective Action;
Section 5-4 No Further Action Request;
Article 7 Financial Responsibility Requirements For Owners/Operators Of Petroleum Underground Storage Tanks:
Section 7-1 Applicability;
Section 7-2 Financial Responsibility Mechanisms;
Section 7-3 Maintenance of Financial Responsibility.
(c) Copies of the Colorado statutes and regulations that are incorporated by reference are available from the following offices:
Statutes—Colorado Revisor of Statutes, 200 E. Colfax Avenue, Denver, CO 80203; Attn: Office of Legislative Legal Services; Phone number: (303) 866-2045; website: https://leg.colorado.gov/agencies/office-legislative-legal-services/colorado-revised-statutes.
Regulations—Colorado's Secretary of State, 1700 Broadway, Denver, CO 80290; Attn: Code of Colorado Regulations and Administrative Rules; Phone number: (303) 894-2200 ext. 6418; email: [emailprotected]; website: https://www.sos.state.co.us/CCR/Welcome.do.
Connecticut
(a) The statutory provisions include:
1. Connecticut General Statutes Title 22A. Environmental Protection Chapter 446K. Water Pollution Control, Section 22a-449. Duties and powers of commissioner resources of potential pollution or damages. Licenses, regulations. Nonresidential underground storage tank systems. (a); (d); (e) except annual tank fee; and (f).
2. Connecticut General Statutes Title 22A. Environmental Protection Chapter 446K. Water Pollution Control, Section 22a-449o. Requirement for double-walled underground storage tanks.
3. Connecticut General Statutes Title 22A. Environmental Protection Chapter 446K. Water Pollution Control, Section 22a-449q. Storage of underground storage tank system records.
4. Connecticut General Statutes Title 22A. Environmental Protection Chapter 446K. Water Pollution Control, Section 22a-450. Report of discharge, spill, loss, seepage or filtration. Regulations.
(b) The regulatory provisions include:
1. RCSA, Title 22a. Environmental Protection, Section 22a-449(d) Underground Storage Tank System Management (effective December 1, 2021).
Section 1 Control of the nonresidential underground storage and handling of oil and petroleum liquids, except (d)(1) and (2) notification of life expectancy determination, life expectancy (h)(1)—(3), and (l) variances.
Section 100 Reserved.
Section 101 Technical standards and corrective action for owners and operators of underground storage tank systems-program scope and interim prohibition.
Section 102 UST systems: design, construction installation and notification.
Section 103 General operating requirements.
Section 104 Release Detection.
Section 105 Release reporting, investigation, and confirmation.
Section 106 Release response and corrective action for UST systems containing petroleum or hazardous substances.
Section 107 Out-of-service UST systems and closure.
Section 108 Operator training required.
Section 109 Financial responsibility.
Section 110 UST system upgrading, abandonment and removal date.
Section 112 UST system location transfer.
Section 113 Transfer of UST system ownership, possession or control.
Delaware
(a) The statutory provisions include:
(1) Code of Delaware, Title 7, Chapter 74, Delaware Underground Storage Tank Act
Section 7401 Declaration of Purpose, except as to persons who are not owners or operators of USTs Section 7402 Definitions, except “responsible party” as to persons who are not owners or operators of USTs Section 7403 Referenced standards Section 7404 Exemptions, except as to agricultural and residential USTs of 1,100 gallons or less used for storing motor fuel for noncommercial purposes and USTs containing heating fuel for consumptive use on the premises where stored Section 7405 Registration by owner, except (a)(2) and (3) as to USTs containing heating fuel for consumptive use on the premises where stored Section 7406 Release of substances prohibited; correction of substance release; Department intervention, except (a) through the introductory paragraph of (e) as to persons who are not owners or operators of USTs; except (e)(1)-(3) and (f)-(j) Section 7407 Release detection, prevention and correction regulations Section 7409 Delaware Underground Petroleum Storage Tank Response Fund, except (c) as to registration fees Section 7410 Financial Responsibility Section 7413 Variances Section 7414 Leaking Underground Storage Tank Committee Section 7415 Implementation and reporting requirements Section 7416 Groundwater risk assessment Section 7417 Use of Hazardous Substance Cleanup Act funding Section 7425 Certification of underground storage tank contractors, except (a), (b), (d), and (e); (c) insofar as requires activities other than installation be completed by or in the presence of a certified individual
(2) [Reserved]
(b) The regulatory provisions include:
(1) Delaware Administrative Code, Title 7, Chapter 1351, Underground Storage Tank Systems
Part A: General Requirements for Underground Storage Tank Systems Section 1351-A-1.0 General Provisions, except 1.2.1 as to persons who are not owners or operators of USTs, insofar as regulates UST systems not regulated under the federal regulations, and insofar as UST systems that contain de minimis concentrations of regulated substances are not explicitly exempt from regulation; 1.4; 1.6 Section 1351-A-2.0 Definitions, except “consumptive use” insofar as the term is limited to activities that do not result in monetary gain; “regulated substance” insofar as includes substances not regulated under the federal program; “responsible party” as to persons who are not owners or operators of USTs Section 1351-A-3.0 Referenced Standards, except 3.1.10; 3.3.8 Section 1351-A-4.0 Registration and Notification Requirements, except 4.1.4 as to fees; 4.2; 4.5.2 and 4.6.2 as to USTs containing heating fuel for consumptive use on the premises where stored; 4.7.1 and 4.7.2 insofar as they require the Department to approve or deny construction work within fourteen days of receipt of notification form and construction plans; 4.9.1 insofar as requires permits be kept at the UST/construction site Section 1351-A-5.0 Recordkeeping Section 1351-A-6.0 Alternative Procedures Approval Requirements Section 1351-A-8.0 Submittal of Confidential Information, except 8.1.1; 8.1.2; 8.1.4 Section 1351-A-10.0 Requirements for Operator Training, except 10.1.1 as to USTs containing heating fuel for consumptive use on the premises where stored Section 1351-A-11.0 Use of Certified Contractors, except insofar as requires a certified individual to be present for activities other than installation, and as to USTs containing heating fuel for consumptive use on the premises where stored Section 1351-A-12.0 Request for No Further Action Determination, except as to USTs containing heating fuel for consumptive use on the premises where stored Section 1351-A-13.0 Additional Compatibility Requirements for Regulated Substances Containing Ethanol and Biodiesel Section 1351-A-14.0 Conditions Required for Product Piping Slope Exemption Part B: Requirements for Installation, Operation and Maintenance of Underground Storage Tank Systems Storing Regulated Substance Excluding Consumptive Use Heating Fuel or Hazardous Substance UST Systems Section 1351-B-1.0 Installation, Operation and Maintenance Requirements for UST Systems Storing Regulated Substance Excluding Consumptive Use Heating Fuel or Hazardous Substance Installed on or After January 11, 2008, except 1.1.8; 1.3.2.4; 1.21.1, 1.22.1, 1.22.2, and 1.29.7.1 as to persons who are not owners or operators of USTs Section 1351-B-2.0 Installation, Operation and Maintenance Requirements for UST Systems Storing Regulated Substance Installed Prior to January 11, 2008, Excluding Consumptive Use Heating Fuel or Hazardous Substance, except 2.1.8; 2.22.1, 2.23.1, 2.23.2, 2.30.7.1 as to persons who are not owners or operators of USTs Section 1351-B-3.0 Change in Service Requirements for UST Systems Storing Regulated Substance Excluding Consumptive Use Heating Fuel or Hazardous Substance Section 1351-B-4.0 Removal or Closure in Place Requirements for UST Systems Storing Regulated Substance excluding Consumptive Use Heating Fuel or Hazardous Substance, except 4.2.1.3 Section 1351-B-5.0 Change In Substance Stored Requirements for UST Systems Storing Regulated Substance excluding Consumptive Use Heating Fuel or Hazardous Substance, except 5.2.1.3 Section 1351-B-6.0 Requirements for Empty UST Systems Storing Regulated Substance excluding Consumptive Use Heating Fuel or Hazardous Substance Part D: Requirements for Installation, Operation and Maintenance of Underground Storage Tank Systems Storing Hazardous Substance Section 1351-D-1.0 Installation, Operation and Maintenance Requirements for UST Systems Storing Hazardous Substance, except 1.3.2.4; 1.21.1, 1.22.1 and 1.22.2 as to persons who are not owners or operators of USTs Section 1351-D-2.0 Change In Service Requirements for UST Systems Storing Hazardous Substance Section 1351-D-3.0 Removal or Closure in Place Requirements for UST Systems Storing Hazardous Substance, except 3.2.1.3 Section 1351-D-4.0 Change In Substance Stored Requirements for UST Systems Storing Hazardous Substance, except 4.2.1.3 Section 1351-D-5.0 Requirements for Empty UST Systems Storing Hazardous Substance Part E: Requirements for Reporting, Release Investigation, Remedial Action and No Further Action Determinations for Underground Storage Tank Systems Section 1351-E-1.0 Reporting Requirements, except 1.2 and 1.3 as to persons who are not owners or operators of USTs Section 1351-E-2.0 Indicated Release Investigation Requirements, except 2.1, 2.2, and 2.4 as to persons who are not owners or operators of USTs; 2.3.1 and 2.4.1.1 as to USTs containing heating fuel for consumptive use on the premises where stored Section 1351-E-3.0 Release Response Requirements, except 3.1; 3.2 and 3.3 as to persons who are not owners or operators of USTs Section 1351-E-4.0 Hydrogeologic Investigation Requirements, except as to persons who are not owners or operators of USTs Section 1351-E-5.0 Remedial Action Requirements, except as to persons who are not owners or operators of USTs Section 1351-E-6.0 No Further Action Requirements, except as to persons who are not owners or operators of USTs; 6.2.3 as to USTs containing heating fuel for consumptive use on the premises where stored Part F: Financial Responsibility Requirements for UST Systems Section 1351-F-1.0 Financial Responsibility Requirements for UST Systems Section 1351-F-2.0 Financial Responsibility Mechanisms Sections 1351-F-3.1 to -3.18 Forms A through R Part H: Requirements for Installation, Operation and Maintenance of Field-Constructed Underground Storage Tank Systems Section 1351-H-1.0 General Requirements, except 1.1.2.2 as to USTs containing heating fuel for consumptive use on the premises where stored Section 1351-H-2.0 Additions, Exceptions, and Alternatives for UST systems with Field-Constructed Tanks Part I: Requirements for Installation, Operation and Maintenance of Airport Hydrant Fuel Systems Section 1351-I-1.0 General Requirements, except 1.1.2.2 as to USTs containing heating fuel for consumptive use on the premises where stored Section 1351-I-2.0 Additions, Exceptions, and Alternatives for Airport Hydrant Fuel Systems
(2) [Reserved]
District of Columbia
(a) The statutory provisions include:
(1) Code of the District of Columbia, Division I, Title 8, Subtitle A, Chapter 1, Subchapter VII, Underground Storage Tank Management, sections 8-113.01-113.12
Section 8-113.01. Definitions, except (7)(C) and (9)(A)(ii)-(v) Section 8-113.02. Notification, except (f) Section 8-113.03. Release notification requirements, except (a) as to persons who are not owners or operators of underground storage tanks Section 8-113.06. Certification, registration and licensing, except (b) as to fees; (c)-(d)
(2) [Reserved]
(b) The regulatory provisions include:
(1) District of Columbia Municipal Regulations, Title 20, Chapters 55-67 and 70, Underground Storage Tanks
Chapter 55 Underground Storage Tanks—General Provisions Section 5500 Compliance with District Laws, except 5500.1(c)-(d); 5500.2 Section 5501 Applicability of UST regulations, except 5501.1 as to persons who are not owners or operators of underground storage tanks Section 5502 Partial Applicability of UST Regulations to Particular UST Systems Section 5503 Partial Applicability of UST Regulations to Heating Oil Tanks, except 5503.1-.2 Section 5505 Applicability to Emergency Generator UST Systems Section 5506 Industry Codes and Standards Section 5507 Field-Constructed Tanks and Airport Hydrant Fuel Distribution Systems Chapter 56 Underground Storage Tanks—Notification, Registration, Recordkeeping, and Public Information Section 5600 Notice of the Existence, Use, Purchase, Sale or Change in Service of an UST System, except as to persons who are not owners or operators of underground storage tanks; 5600.1(b) Section 5601 Registration, except 5601.1 as to tanks that store heating oil for use on the premises where stored; 5601.2-.3 as to payment of fees; 5601.10 as to persons who are not owners or operators of underground storage tanks Section 5602 Recordkeeping and Reports Section 5603 Notice of Installation, Removal, Closure-in-Place, Repair, Upgrade, and Testing, except 5603.5 insofar as requires permits Section 5604 Notice of Sale of Real Property, except as to persons who are not owners or operators of underground storage tanks, 5604.3-.4 Section 5607 Public Record Information Chapter 57 Underground Storage Tanks—New Tank Performance Standards Section 5700 Existing and New UST Systems—General Provisions, except 5700.4, .7, .8(b) Section 5701 New Petroleum UST Systems Section 5702 New Hazardous Substance UST Systems Section 5704 New Piping for UST Systems Section 5705 Spill and Overfill Prevention Equipment for New and Upgraded UST Systems Section 5706 Installation of New UST Systems, except 5706.1 insofar as requires compliance with District fire codes Chapter 58 Underground Storage Tanks—Operation and Maintenance of USTs Section 5800 Existing UST System Upgrades Section 5801 Tank Upgrades Section 5802 Existing UST System Piping Upgrades Section 5803 Spill and Overfill Prevention Equipment Upgrades Section 5804 Tank Tightness Testing upon Upgrade Chapter 59 Underground Storage Tanks—Operation and Maintenance of USTs Section 5900 Spill and Overfill Control, except 5900.1-.3, .7 as to “agent in charge;” .10 as to “responsible party” Section 5901 Tank Corrosion Protection Section 5902 Repair or Replacement of UST Systems Section 5903 Compatibility Section 5904 Walkthrough Inspections, except 5904.5 Chapter 60 Underground Storage Tanks—Release Detection Section 6000 Release Detection—General Provisions Section 6001 Release Detection Recordkeeping Section 6002 Release Detection for Hazardous Substance UST Systems Section 6003 Release Detection for Petroleum UST System Tanks, except 6003.4 Section 6004 Release Detection for Petroleum UST System Piping Section 6005 Inventory Control and Statistical Inventory Reconciliation Section 6006 Manual Tank Gauging Section 6007 Tank Tightness Testing Section 6008 Automatic Tank Gauging Section 6009 Vapor Monitoring Section 6010 Groundwater Monitoring Section 6011 Interstitial Monitoring Section 6012 Statistical Inventory Reconciliation Section 6013 Other Methods of Release Detection Chapter 61 Underground Storage Tanks—Closure Section 6100 Temporary Closure, except 6100.4 Section 6101 Permanent Closure and Change-In-Service Section 6102 Previously Closed UST Systems Section 6103 Closure Records Chapter 62 Underground Storage Tanks—Reporting of Releases, Investigation, Confirmation, Assessment, and Corrective Action Section 6200 Obligations of Responsible Parties—Releases, Spills, and Overfills Section 6201 Reporting and Cleanup of Spills and Overfills Section 6202 Reporting of Releases of Regulated Substances, except 6202.2 Section 6203 Site Investigation, Confirmation of Release, Initial Abatement, and Initial Site Assessment Section 6204 Removal of Free Product Section 6205 Comprehensive Site Assessment Section 6206 Risk-Based Corrective Action (RBCA) Process Section 6207 Corrective Action Plan and Its Implementation Section 6208 Tier 0 Standards Section 6209 Tiers 1 and 2 Standards Section 6210 No Further Action and Case Closure Requirements, except 6210.8 insofar as requires permits Section 6211 Public Participation in Corrective Action Chapter 64 Underground Storage Tanks—Corrective Action by the District and Cost Recovery Section 6400 Corrective Action by the District Section 6401 Cost Recovery Chapter 65 Underground Storage Tanks—Licensing, Certification, Operator Requirements, and Operator Training Section 6500 Licensing and Certification of UST System Installers, Removers, Testers, and Technicians, except 6500.1-.4, .6-.10 Section 6502 Operator Designation Section 6503 Operator Training and Training Program Approval Chapter 67 Underground Storage Tanks—Financial Responsibility Section 6700 Petroleum UST Systems Section 6701 Financial Responsibility Mechanisms Section 6702 Financial Responsibility Records and Reports Section 6703 Financial Test of Self-Insurance Section 6704 Financial Test of Self-Insurance: Test A Section 6705 Financial Test of Self-Insurance: Test B Section 6706 Guarantees Section 6707 Insurance and Risk Retention Group Coverage Section 6708 Surety Bonds Section 6709 Letter of Credit Section 6710 Private Trust Funds Section 6711 Standby Trust Funds Section 6712 Drawing on Financial Assurance Mechanism Section 6713 Replenishment of Guarantees, Letters of Credit, or Surety Bonds Section 6714 Cancellation or Non-Renewal of Financial Assurance Section 6715 Bankruptcy or Incapacity Appendix 67-1 Certification of Financial Responsibility Appendix 67-2 Financial Test of Self Insurance Letter From Chief Financial Officer Appendix 67-3 Guarantee Appendix 67-4 Certificate of Insurance Appendix 67-5 Endorsem*nt Appendix 67-6 Performance Bond Appendix 67-7 Irrevocable Standby Letter of Credit Appendix 67-8 Trust Agreement Appendix 67-9 Certification of Valid Claim Chapter 70 Underground Storage Tanks—Definitions Section 7099 Definitions, except 7099.1 the definitions of “agent in charge,” “authorized agent,” “voluntary remediating party,” and “voluntary remediation” and the definitions of “real property owner” and “responsible party” insofar as each definition includes persons who are not owners or operators of underground storage tanks
(2) [Reserved]
Georgia
(a) The statutory provisions include: Official Code of Georgia Annotated (2017), Title 12: “Conservation and Natural Resources,” Chapter 13, “Georgia Underground Storage Tank Act”:
Section 12-13-1 Short title.
Section 12-13-2 Public policy.
Section 12-13-3 Definitions, except (8) and (16).s
Section 12-13-4 Exceptions to chapter.
Section 12-13-9 Establishing financial responsibility; claims against the guarantor; Underground Storage Tank Trust Fund, except (d) through (i).
Section 12-13-13 Notification by owner of underground storage tank, except (e).
(b) The regulatory provisions include: Rules and Regulations of the State of Georgia (November 6, 2017), Department 391: “Rules of the Georgia Department of Natural Resources,” Chapter 3, “Environmental Protection,” Subject 15, “Underground Storage Tank Management”:
Section 391-3-15-.01(3) General Provisions
Section 391-3-15-.02 UST Exclusions.
Section 391-3-15-.03 Definitions, except (1)(a), (1)(g), (1)(i), and (1)(p) through (r).
Section 391-3-15-.05 UST Systems: Design, Construction, Installation, and Notification, except (4).
Section 391-3-15-.06 General Operating Requirements.
Section 391-3-15-.07 Release Detection.
Section 391-3-15-.08 Release Reporting, Investigation, and Confirmation.
Section 391-3-15-.09 Release Response and Corrective Action for UST Systems Containing Petroleum, except (5) and (7).
Section 391-3-15-.10 Release Response and Corrective Action for UST Systems Containing Hazardous Substances.
Section 391-3-15-.11 Out-of-Service UST Systems and Closure.
Section 391-3-15-.12 Underground Storage Tanks Containing Petroleum; Financial Responsibility Requirements, except (3).
Section 391-3-15-.16 Operator Training.
Section 391-3-15-.17 Airport Hydrant Systems and Field Constructed Tanks.
(c) Copies of the Georgia statutes that are incorporated by reference are available from LexisNexis, Attn: Official Code of Georgia Annotated, 701 East Water Street, Charlottesville, VA 22902-5389; Phone number: 1-800-833-9844; website: http://sos.ga.gov/index.php/elections/georgia_code_-_lexisnexis. Copies of the Georgia regulations that are incorporated by reference are available from the Administrative Procedures Division, Office of the Georgia Secretary of State, 5800 Jonesboro Road, Morrow, Georgia 30260; Phone number: (678) 364-3785; website: http://rules.sos.ga.gov/gac/391-3-15.
Hawaii
(a) The statutory provisions include:
(1) Hawaii Revised Statutes, Chapter 342L, Underground Storage Tanks.
Section 342L-1 Definitions (except “complaint” insofar as it sets forth enforcement authorities; “owner” insofar as it includes persons who hold indicia of ownership to protect an interest in a tank system; “permit” insofar as it sets forth a permitting program; and “regulated substance” insofar as it includes other substances as designated by the Department) Section 342L-7.5 Record maintenance Section 342L-30 Notification requirements (except paragraph (i) of this section insofar as it grants the Department authority to assess penalties for noncompliance) Section 342L-32 Standards for tanks and tank systems Section 342L-33 Release detection Section 342L-34 Reporting of releases Section 342L-35 Response to suspected or confirmed releases Section 342L-36 Financial responsibility Section 342L-37 Underground storage tank and tank system change in service and closure requirements Section 342L-50 Definitions (except “owner” insofar as it defines lenders as operators and subjects such lenders to requirements other than the corrective action requirements)
(2) Hawaii Revised Statutes, Chapter 342D, Water Pollution.
Section 342D-1 Definitions Section 342D-4 Duties; rules Section 342D-7 Variances (Insofar as paragraph (a) of this appendix is applicable to the underground storage tank program) Section 342D-38 Hazardous substance defined Section 342D-50 Prohibition Section 342D-51 Affirmative duty to report discharges (3) Hawaii Revised Statutes, Chapter 342E, Nonpoint Source Pollution Management and Control. Section 342E-1 Definitions Section 342E-2 Nonpoint source pollution management and control program
(b) The regulatory provisions include:
(1) Hawaii Administrative Rules, Chapter 11-281, Underground Storage Tanks
Section 11-281-01 Applicability Section 11-281-02 Prohibition for deferred underground storage tanks or tank systems Section 11-281-03 Definitions (except “complaint” insofar as it sets forth enforcement authorities; “farm tank” insofar as it regulates tanks on farms that are not used for farm or commercial purposes; “field citation” and “force majeure” insofar as they relate to the Department's enforcement authorities; “regulated substance” insofar as the Department can designate other substances; “reportable quantity” insofar as it sets forth a reporting threshold of 10 lbs. for trichloropropane; and “underground storage tank” insofar as its designation of farm tanks exceeds the scope of the federal regulations) Section 11-281-11 Performance standards for underground storage tanks and tank systems Section 11-281-12 Tank requirements Section 11-281-13 Piping requirements Section 11-281-14 Spill and overfill prevention equipment Section 11-281-15 Installation Section 11-281-16 Certification of installation Section 11-281-17 Secondary containment Section 11-281-18 Upgrading of existing underground storage tanks and tank systems Section 11-281-21 Notification requirements for tanks brought into use before the effective date of these rules Section 11-281-22 Notification requirements for tanks brought into use on or after the effective date of these rules Section 11-281-24 Application for a permit (except insofar as paragraphs (a), (b), (c)(3), and (c)(4) of this section relate to the permitting program) Section 11-281-25 Permit (except insofar as paragraphs (a) and (b) of this section relate to the permitting program) Section 11-281-41 Spill and overfill control Section 11-281-42 Operation and maintenance of corrosion protection systems Section 11-281-43 Compatibility Section 11-281-44 Repairs Section 11-281-45 Reporting and recordkeeping (except paragraph (b)(3) of this section insofar as it addresses posting of signs; and paragraph (c)(6) insofar as it requires maintenance of permit records) Section 11-281-51 General requirements for all underground storage tanks or tank systems Section 11-281-52 Methods of release detection for tanks Section 11-281-53 Methods of release detection for piping Section 11-281-54 Release detection recordkeeping Section 11-281-61 Reporting of suspected releases Section 11-281-62 Investigation of off-site impacts Section 11-281-63 Release investigation and confirmation steps Section 11-281-64 Reporting and cleanup of spills and overfills Section 11-281-71 General Section 11-281-72 Immediate response actions Section 11-281-74 Initial abatement measures and site assessment Section 11-281-75 Initial site characterization Section 11-281-76 Free product removal Section 11-281-77 Investigation of soil and ground water contamination Section 11-281-78 Site cleanup criteria Section 11-281-78.1 Notification of confirmed releases Section 11-281-79 Corrective action plan Section 11-281-80 Public participation for corrective action plans [except paragraph (j) insofar as it sets forth enforcement authorities] Section 11-281-80.1 Reporting and recordkeeping Section 11-281-81 Temporary closure Section 11-281-82 Permanent closure and change-in-service Section 11-281-83 Site assessment Section 11-281-84 Previously closed underground storage tanks or tank systems Section 11-281-85 Closure records Section 11-281-91 Applicability Section 11-281-93 Definition of terms Section 11-281-94 Amount and scope of required financial responsibility Section 11-281-95 Allowable mechanisms and combinations of mechanisms Section 11-281-96 Financial test of self-insurance Section 11-281-97 Guarantee Section 11-281-98 Insurance and risk retention group Section 11-281-99 Surety bond Section 11-281-100 Letter of credit Section 11-281-101 Trust fund Section 11-281-102 Standby trust fund Section 11-281-103 Local government bond rating test Section 11-281-104 Local government financial test Section 11-281-106 Local government guarantee Section 11-281-107 Local government fund Section 11-281-108 Substitution of financial assurance mechanisms by owner or operator Section 11-281-109 Cancellation or nonrenewal by a provider of financial assurance Section 11-281-110 Reporting by owner or operator Section 11-281-111 Recordkeeping Section 11-281-112 Drawing on financial assurance mechanisms Section 11-281-113 Release from financial responsibility Section 11-281-114 Bankruptcy or other incapacity of owner or operator or provider of financial assurance Section 11-281-115 Replenishment of guarantees, letters of credit, or surety bonds Section 11-281-131 Appendices I and III (Notification for Underground Storage Tanks, June 1999 and Certification of Underground Storage Tank Installation, June 1999)
(2) Hawaii Administrative Rules, Chapter 11-264, Hazardous Waste Management: Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities, Subpart J, Tank Systems.
Section 11-264-190 Applicability Section 11-264-191 Assessment of existing tank system's integrity Section 11-264-192 Design and installation of new tank systems or components Section 11-264-193 Containment and detection of releases Section 11-264-194 General operating requirements Section 11-264-195 Inspections Section 11-264-196 Response to leaks or spills and disposition of leaking or unfit-for use tank systems Section 11-264-197 Closure and post-closure care Section 11-264-198 Special requirements for ignitable or reactive wastes Section 11-264-199 Special requirements for incompatible wastes Section 11-264-200 Air emission standards Idaho
(a) The statutory provisions include:
(1) Idaho Code, Title 39, “Health and Safety,” Chapter 1, “Environmental Quality—Health”: Section 39-103, “Definitions,” 39-103(3), (6), (7), (11), (12), (15)-(18); Section 39-107, “Board—Composition—Officers—Compensation—Powers—Subpoena—Depositions—Review—Rules,” 39-107(7).
(2) Idaho Code, Title 39, “Health and Safety,” Chapter 88, “Idaho Underground Storage Tank Act”: Sections 39-8803, “Definitions,” -8804, “Program Scope,” -8805, “Rules Governing Underground Storage Tank Systems,” -8805A, “Compliance Dates for Certain Rules,” -8806, “Additional Measures to Protect Ground Water,” -8807, “Operator Training,” -8808, “Inspections,” -8809, “Delivery Prohibition,” and -8810, “Underground Storage Tank Database.”
(b) The regulatory provisions include:
(1) Idaho Administrative Code 58, Title 01, Chapter 07:
Section 004 Incorporation by Reference; Section 010 Definitions (except 010.16, defining “Replace”); Section 100 Additional Measures to Protect Ground Water from Contamination (except 100.01-.03); Section 101 Alternative Periodic Testing of Containment Sumps Used for Interstitial Monitoring of Piping; Section 300 Training Requirements.
(2) Idaho Administrative Code 58, Title 01, Chapter 24.
(c) Copies of the Idaho provisions that are incorporated by reference are available from Idaho's Office of Administrative Rules Coordinator, P.O. Box 83720, Boise, ID 83720; Phone number: 208-332-1820; website: https://adminrules.idaho.gov/.
Iowa
(a) The statutory provisions include Code of Iowa, 1993; Chapter 455B, Jurisdiction of Department:
Section 101—Definitions Section 103—Director's duties, except for 455B.103(4) Section 105—Powers and duties of the commission, except for 105(5), 105(11)a(3) and 105(11)b Section 471—Definitions Section 472—Declaration of policy Section 473—Report of existing and new tanks—fee Section 473A—Petroleum underground storage tank registration amnesty program Section 474—Duties of Commission—rules Section 479—Storage tank management fee, except for the 2nd and 3rd sentences
(b) The regulatory provisions include Iowa Administrative Code, 1993, Rule 567, Environmental Protection Commission:
Chapter 131.1—Definitions Chapter 131.2—Report of Hazardous Conditions Chapter 133.1—Scope Chapter 133.2—Definitions Chapter 133.3—Documentation of contamination and source Chapter 133.4—Response to contamination Chapter 133.5—Report to commission Chapter 135.1—Authority, purpose and applicability Chapter 135.2—Definitions Chapter 135.3—UST systems—design, construction, installation, and notification, except for 135.3(4)a, 3(4)b and 3(4)c Chapter 135.4—General operating requirements Chapter 135.5—Release detection Chapter 135.6—Release reporting, investigation, and confirmation Chapter 135.7—Release response and corrective action for UST systems containing petroleum or hazardous substances Chapter 135.8—Site cleanup report Chapter 135.9—Out-of-service UST systems and closure Chapter 135.10—Laboratory analytical methods for petroleum contamination of soil and groundwater Chapter 135.11—Evaluation of ability to pay Chapter 136.1—Applicability Chapter 136.2—Compliance dates Chapter 136.3—Definition of terms Chapter 136.4—Amount and scope of required financial responsibility Chapter 136.5—Allowable mechanisms and combinations of mechanisms Chapter 136.6—Financial test of self-insurance Chapter 136.7—Guarantee Chapter 136.8—Insurance and risk retention group coverage Chapter 136.9—Surety bond Chapter 136.10—Letter of credit Chapter 136.11—Trust fund Chapter 136.12—Standby trust fund Chapter 136.13—Local government bond rating test Chapter 136.14—Local government financial test Chapter 136.15—Local government guarantee Chapter 136.16—Local government fund Chapter 136.17—Substitution of financial assurance mechanisms by owner or operator Chapter 136.18—Cancellation or nonrenewal by a provider of financial assurance Chapter 136.19—Reporting by owner or operator Chapter 136.20—Record keeping Chapter 136.21—Drawing on financial assurance mechanisms Chapter 136.22—Release from the requirements Chapter 136.23—Bankruptcy or other incapacity of owner or operator or provider of financial assurance Chapter 136.24—Replenishment of guarantees, letters of credit, or surety bonds. Kansas
(a) The statutory provisions include Kansas Statutes Annotated, 2015; Chapter 65, Public Health; Article 34, Solid and Hazardous Waste; Section 100 et seq., Kansas Storage Tank Act:
Section 100 Statement of legislative findings
Section 101 Citation of Act
Section 102 Definitions
Section 103 Exceptions to application of Act
Section 104 Notification to department of tank's existence
Section 105 Rules and regulations, except for 65-34, 105 (a)(2), the following words in (a)(8), “including determination of the qualifications of persons performing or offering to perform such testing,” (a)(10), (a)(11), (a)(12) and the following words in (a)(13), “and aboveground storage tanks in existence on July 1, 1992” and “and aboveground storage tanks placed in service prior to July 1, 1992”
Section 106 Permit to construct, install, modify, or operate storage tank, except the following words in the title and (a), “construct, install, modify or” and “and any aboveground storage tank registered with the department on July 1, 1992,”
Section 107 Evidence of financial responsibility required; limitation of liability
Section 115 Liability for costs of corrective action
Section 118 Corrective action; duties of owners and operators; duties of Secretary; consent agreement; contents, except for the following words in (b), “or from the aboveground fund, if the release was from an aboveground petroleum storage tank.” and “or from the aboveground fund, if the release was from an aboveground petroleum storage tank.”
Section 135 Underground storage tank operators, training program, requirements
Section 138 Underground storage tank systems; secondary containment
(b) The regulatory provisions include Kansas Administrative Regulations, 2020; Chapter 28, Department of Health and Environment; Article 44, Petroleum Products Storage Tanks:
Section 12 General provisions, except (c) and (d)
Section 13 Program scope and interim prohibition
Section 14 Definitions
Section 16 Underground storage tank systems: Design, construction, installation, modification, and notification
Section 17 Underground storage tank registration and operating permit, except (b), the following words in (c), “be assessed a penalty fee of $50.00 for each tank if the owner fails to”, (d), (e), and (f)
Section 19 General operating requirements
Section 23 Release detection
Section 24 Release reporting, investigation, and confirmation
Section 25 Release response and corrective action for UST systems
Section 26 Out-of-service UST systems and closure
Section 27 Financial responsibility
Section 30 Operating training and requirements
Section 31 UST systems with field-constructed tanks and airport hydrant fuel distribution systems
Kentucky
(a) The statutory provisions include:
(1) Kentucky Revised Statutes (KRS) Chapter 224.
224.60-100 Underground storage tanks and regulated substances defined.
224.60-105(1) Registration of underground storage tanks—Programs to regulate tanks.
224.60-115 Definitions for KRS 224.60-120 to 224.60-150.
224.60-120 Financial responsibility of petroleum storage tank owner or operator—Administrative regulations, except (6).
224.60-135(1) Corrective action for a release into the environment from a petroleum storage tank, except the second sentence in (1).
(2) [Reserved]
(b) The regulatory provisions include:
(1) 401 Kentucky Administrative Regulations (KAR) Chapter 42.
401 KAR 42:005. Definitions for 401 KAR Chapter 42.
401 KAR 42:020. UST system requirements, notification, registration, and annual fees.
Section 1. Applicability and Exclusions.
Section 2. Notification, Registration, and Annual Fees, except (1)(b), (2)-(6), and certain provisions in (7)(c), (8) and (9).
Section 3. Temporary Closure, except (1).
Section 4. Performance Standards for New UST Systems.
Section 5. Upgrading of Existing UST Systems.
Section 6. Double Walled Tanks and Piping Requirements.
Section 8. Spill Containment Devices (Spill Buckets and Catch Basins).
Section 9. Overfill Prevention Requirements.
Section 10. Under-dispenser Containment (UDC) and Sump Requirements.
Section 11. Corrosion Protection Operation and Maintenance, except certain language in (4) and (9).
Section 12. Compatibility.
Section 13. Repairs, except (2).
Section 14. Noncorrodible Piping.
Section 15. Release Detection, except (6) and (7).
Section 16. Operator Training Requirements.
Section 17. Walkthrough Inspections.
Section 19. Recordkeeping.
Section 20. Financial Responsibility.
Section 21. Lender Liability.
Section 23. Incorporation by Reference.
401 KAR 42:060. UST system release and corrective action requirements.
Section 1. Reporting for Releases, Spills, and Overfills.
Section 3. Off-Site Impacts.
Section 4. Release Investigation and Confirmation.
Section 5. Release Response and Corrective Action.
Section 6. Permanent Closure or Change in Service.
Section 10. Incorporation by Reference.
(2) [Reserved]
Louisiana
(a) The regulatory provisions include:
Louisiana Administrative Code, Title 33, Part XI. Underground Storage Tanks; effective September 20, 2018:
1. Chapter 1. Program Applicability and Definitions Section 101. Applicability Section 103. Definitions except for sections a.i, iv, and v of the definition of owner; and the definitions of on staff, registered tank, response action contractor, and technical services 2. Chapter 3. Registration Requirements, Standards, and Fee Schedule Section 301. Registration Requirements, all sections except 301.C.6 Section 303. Standards for UST Systems Section 305. Installation Requirements for Partially-Deferred UST Systems 3. Chapter 5. General Operating Requirements Section 501. Spill and overfill Control Section 503. Operation and Maintenance of Corrosion Protection Section 505. Compatibility Section 507. Repairs Allowed Section 509. Reporting and Recordkeeping Section 511. Periodic Testing of Spill Prevention Equipment and Containment Sumps used for Interstitial Monitoring of Piping and Periodic Inspection of Overfill Prevention Equipment Section 513. Periodic Operation and Maintenance Walkthrough Inspection 4. Chapter 6. Training Requirements for Underground Storage Tank System Operators Section 601. Purpose Section 603. Underground Storage Tank Operator Classes Section 605. Acceptable UST Operator Training and Certification Processes Section 607. Underground Storage Tank Operator Training Deadlines Section 609. Underground Storage Tank Operator Training Frequency Section 611. Documentation of Underground Storage Tank Operator Training 5. Chapter 7. Methods of Release Detection and Release Reporting, Investigation, Confirmation, and Response Section 701. Methods of Release Detection Section 703. Requirements for Use of Release Detection Methods Section 705. Release Detection Recordkeeping Section 707. Reporting of Suspected Releases Section 709. Investigation Due to Off-Site Impacts Section 711. Release Investigation and Confirmation Steps Section 713. Reporting and Cleanup of Spills and Overfills Section 715. Release Response and Corrective Action for UST Systems Containing Petroleum, Motor Fuel, or Hazardous Substances, all sections except the last sentence of 715.A, and 715.H 6. Chapter 8. UST Systems with Field-Constructed tanks and Airport Hydrant Fuel Distribution Systems Section 801. General Requirements Section 803. Additions, Exceptions, and Alternatives for UST Systems with Field-Constructed Tanks and Airport Hydrant Systems 7. Chapter 9. Out-of-Service UST Systems and Closure Section 901. Applicability to Previously Closed UST Systems Section 903. Temporary Closure Section 905. Permanent Closure and Changes-in-Service Section 907. Assessing the Site at Closure or Change-in-Service 8. Chapter 11. Financial responsibility Section 1101. Applicability Section 1103. Compliance Dates Section 1105. Definition of Terms Section 1107. Amount and Scope of Required Financial Responsibility Section 1109. Allowable Mechanisms and Combinations of Mechanisms Section 1111. Financial Test of Self-Insurance Section 1113. Guarantee Section 1115. Insurance and Risk Retention Group Coverage Section 1117. Surety Bond Section 1119. Letter of Credit Section 1123. Trust Fund Section 1125. Standby Trust Fund Section 1127. Substitution of Financial Assurance Mechanisms by Owner or Operator Section 1129. Cancellation or Nonrenewal by a Provider of Financial Assurance Section 1131. Reporting by Owner or Operator Section 1133. Recordkeeping Section 1135. Drawing on Financial Assurance Mechanisms Section 1137. Release from the Requirements Section 1139. Bankruptcy or Other Incapacity of Owner or Operator or provider of Financial Assurance Section 1141. Replenishment of Guarantees, Letters of Credit, or Surety Bonds
(b) Copies of the Louisiana UST regulations that are incorporated by reference are available from the Louisiana Office of the State Register, P.O. Box 94095, Baton Rouge, LA 70804-9095; Phone number: (225) 342-5015; website: https://www.doa.la.gov/Pages/osr/lac/LAC-33.aspx; or Louisiana Department of Environmental Quality's website: http://www.deq.louisiana.gov/resources/category/regulations-lac-title-33.
Maine
(a) The statutory provisions include:
Maine Revised Statutes Annotated, Title 38. Waters and Navigation 1. Chapter 2. Department of Environmental Protection, Subchapter 1. Organization and Powers
Section 341-A. Department of Environmental Protection, Section 341-H. Departmental rulemaking, Section 342-B. Liability of fiduciaries and lenders, Section 343-E. Voluntary response action program, Section 347-C. Right of inspection and entry.
2. Chapter 3. Protection and Improvement of Waters, Subchapter 2-A. Oil Discharge Prevention and Pollution Control
Section 541. Findings; purpose, Section 542. Definitions, Section 543. Pollution and corruption of waters and lands of the State prohibited, Section 548. Removal of prohibited discharges.
3. Chapter 3. Protection and Improvement of Waters, Subchapter 2-B. Oil Storage Facilities and Ground Water Protection.
Section 561. Findings, purpose, Section 562-A. Definitions, Section 563. Registration and inspection of underground oil storage tanks and piping, except 9., Section 563-A. Prohibition of nonconforming underground oil storage facilities and tanks, Section 563-B. Regulatory powers of department, Section 564. Regulation of underground oil storage facilities used to store motor fuels or used in the marketing and distribution of oil, except 5., Section 566-A. Abandonment of underground oil storage facilities and tanks, Section 567-A. Certifications, Section 568. Cleanup and removal of prohibited discharges, except 3. and 4., Section 568-A. Fund coverage requirements, Section 568-B. Clean-up and Response Review Board created, Section 569-C. Limited exemption from liability for state or local governmental entities, Section 570. Liability, Section 570-F. Special provisions, Section 570-K. Aboveground oil storage facilities, Section, Section 570-N. Rules, wastewater treatment tank systems.
4. Chapter 13-D: Wellhead Protection.
Section 1391. Declaration of Policy, Section 1392. Definitions, Section 1393. Prohibition on installation of facilities in wellhead protection zones, Section 1394. Variances, Section 1398. Eligibility for Clean-up funds, Section 1399. Municipal authority, Section 1400. Rules.
(b) The regulatory provisions include:
1. 06-096, Maine Department of Environmental Protection, Chapter 691, Rule for Underground 4il Storage Facilities: (effective September 26, 2018).
Section 1. Legal Authority, Section 2. Preamble; Section 3. Definitions, Section 4. Registration of Underground Storage Facilities, except O; Section 5. Regulation of Underground Oil Storage Facilities Used to Store Motor Fuels or Used in the Marketing and Distribution of Oil, except B. (4)(a), (d), (g), (h), and (j); (5)(b); D. (3)(f); (6)(b); (11)(e); (14)(c); (15)(f)(vii); (17); (19)(b); and F.; Section 7. Regulation of Facilities for the Underground Storage of Waste Oil, except B. (7); Section 8. Regulation of Field Constructed Underground Oil Storage Tanks, except B. (1)(d) and (e) and (4)(b), (d), and (e); Section 9. Regulation of Facilities for the Underground Storage of Heavy Oils, except B.; Section 10. Regulation of Airport Hydrant Systems, except B. (1)(c); (3)(b), (f), and (h); and D. (2); Section 11. Regulations for Closure of Underground Oil Storage Facilities; Section 12. Discharge and Leak Investigation, Response and Corrective Action Requirements, except A. (3); Section 13. Regulation of Wastewater Treatment Tank Systems and Aboveground Oil Storage Tanks, APPENDIX A: Requirements for Cathodic Protection Monitoring, APPENDIX B: Requirements for Tank, Piping and Containments Sump Tightness Tests, APPENDIX C: Requirements for Pneumatic (Air) and other Pre installation Tightness Testing, APPENDIX D: Installation Requirements Applicable to New and Replacement Tanks, APPENDIX E: Installation Requirements for New and Replacement Piping, APPENDIX F: Specifications and Requirements for Vertical Ground Water Monitoring Wells at Existing Facilities, APPENDIX H: Procedures for Weekly Monitoring, Handling, and Obtaining Samples for Laboratory Analysis, APPENDIX I: Sample Daily Inventory Reporting Log, APPENDIX J: Requirements for Abandonment of Underground Oil Storage Tanks by Removal, APPENDIX K: Requirements for Abandonment of Underground Oil Storage Tanks by Filling in Place, APPENDIX L: Requirements for Underground Oil Storage Tank Processing Facilities, APPENDIX M: Cathodic Protection Tester Certification Requirements, APPENDIX N: Corrosion Expert Certification Requirements, APPENDIX P: Requirements for Site Assessment at Facility Closure or Tank Abandonment, APPENDIX Q: Characterization and Notification Requirements, APPENDIX R: List of National Standards and Codes Cites, APPENDIX S: Department Approved Laboratory Analytical Methods and Performance Standards for Analysis of Oil and its Constituents in Water, Soil, Soil Gas and Indoor Air, APPENDIX T: Containment Sumps & Spill Bucket Integrity Testing Protocol & Management of Waste Fluids.
2. 06-096, Department of Environmental Protection; Chapter 693: Operator Training for Underground Oil, Hazardous Substance, and Field Constructed Underground Oil Storage Facilities, and Airport Hydrant Systems (effective September 26, 2018) only insofar as they pertain to the regulation of underground storage tanks in Maine and only insofar as they are incorporated by reference and are not broader in scope than the Federal requirements.
Massachusetts
(a) The statutory provisions include:
Massachusetts General Laws, Part I, Title II
1. Chapter 21E, Massachusetts Oil and Hazardous Material Release Prevention and Response Act
Section 1: Short title; Section 2: Definitions; Section 3: Implementation; regulations; response actions; Section 7: Notice of release or threat of release.
2. Chapter 21O, Operation and Removal of Underground Storage Tanks
Section 2: Notification of operation of underground storage tanks; definitions; Section 3: Notification of operation of underground storage tanks; requirements; exceptions; Section 5: Notification of operation of underground storage tanks; regulations for requirements and standards of tanks;
(b) The regulatory provisions include:
1. Code of Massachusetts Regulations, Title 310 CMR Chapter 80, Underground Storage Tank Systems: (effective January 2, 2015)
General Provisions Section, 80.01: Authority; 80.02: Purpose; 80.03: Definitions; 80.04: Applicability, (1) through (13), except (6)(c), and (8) through (12); 80.05: Rules of Construction; 80.06: Computation of Time; 80.07: Accurate and Timely Submittals to the Department and Record Keeping; 80.08: Accurate and Complete Record Keeping; 80.09: Accurate Monitoring; 80.11: Submittals to the Department.
Design, Construction and Installation Requirements Section, 80.14: General Requirements; 80.15: General Prohibitions; 80.16: Installation Requirements, except (7); 80.17: Specifications for Tanks; 80.18: Specifications for Regulated Substance Piping; 80.19: Leak Detection; 80.20: Requirements for Turbine, Intermediate and Dispenser Sumps; 80.21: Requirements for Spill Buckets and Overfill Prevention Equipment; 80.22: Requirements for Corrosion Protection.
General Operating Requirements Section, 80.23: Requirements for Registration and Reporting; 80.24: General Requirements; 80.25: Requirements for a UST system or UST Component Emergency Response; 80.26: Requirements for Leak Detection Systems; 80.27: Requirements for Turbine, Intermediate and Dispenser Sumps; 80.28: Requirements for Spill Buckets and Overfill Prevention Equipment; 80.29: Requirements for Corrosion Protection; 80.30: Requirements for Compatibility; 80.31: Requirements for Inventory Monitoring; 80.32: Requirements for Tank and Pipe/Line Tightness Testing; 80.33: Requirements for Repairs and Replacements; 80.35: Requirements for Monthly Inspections; 80.36: Requirements for Recordkeeping.
Leakage and Release: Response, Reporting and Remediation Section, 80.38: Response to a Release; 80.39: Response to Leakage; 80.40: Reportable Releases.
Change-In-Product, Out of Service Systems and Closure Section, 80.41: Requirements for Change-in-product; 80.42: Requirements for Taking a UST System Temporarily Out-of-service; 80.43: Requirements for Removal and Permanent Closure In-place; 80.44: Requirements for Out-of-use UST Systems; 80.45: Requirements for Bringing Out-of-use UST Systems Back into Service; 80.46: Requirements for Previously Closed-in-place UST Systems; 80.47: Standards for Cleaning and Closure.
Financial Responsibility Section, 80.51: Definitions; 80.52: Requirements for Amount and Scope of Financial Responsibility; 80.53: Allowable Mechanisms and Combinations of Mechanisms; 80.54: Requirements for Financial Responsibility Mechanisms; 80.55: Requirements for a Standby Trust; 80.56: Substitution of Financial Assurance Mechanisms by Owner or Operator; 80.57: Cancellation or Nonrenewal by a Provider of Financial Assurance; 80.58: Requirements for Reporting by Owner or Operator; 80.59: Requirements for Recordkeeping; 80.60: Requirements for Drawing on Financial Assurance Mechanisms; 80.61: Release from Financial Responsibility Requirements; 80.62: Bankruptcy or Other Incapacity of Owner or Operator or Provider of Financial Assurance; 80.63: Requirements for Replenishment of Local Government Guarantees, Letters of Credit, or Surety Bonds.
2. Code of Massachusetts Regulations, Title 310 CMR Chapter 40: Massachusetts Contingency Plan (effective April 24, 2014) only insofar as they pertain to the regulation of underground storage tanks in Massachusetts and only insofar as they are incorporated by reference and are not broader in scope than the federal requirements. Note that reserved sections of 310 CMR 40.0000 et seq. are not incorporated by reference:
Subpart A: General Provisions, except 40.0010 through 40.0013, 40.0016, 40.0019 through 40.0021, 40.0050, 40.0051; Subpart B: Organization and Responsibilities, except 40.0160, 40.0165, 40.0166, 40.0169, 40.0171); Subpart C: Notification of Releases and Threats of Release of Oil and Hazardous Material; Identification and Listing of Oil and Hazardous Material; Subpart D: Preliminary Response Actions and Risk Reduction Measures; Subpart E: Tier Classification and Response Action Deadlines; Subpart H: Comprehensive Response Actions; Subpart I: Risk Characterization; Subpart J: Permanent and Temporary Solutions; Subpart K: Audits; Subpart L: Cost Recovery, Lien Hearings and Petitions for Reimbursem*nt of Incurred Costs; Subpart M: Administrative Record; Subpart N: Public Involvement and Technical Assistance Grants.
(c) Official copies of the Massachusetts statutes and regulations that are incorporated by reference, are available at: State Bookstore, State House, Room 116, Boston, MA 02133; Phone number: 617-727-2834; Hours: Monday-Friday, 8:45 a.m. to 5:00 p.m.; website: http://www.sec.state.ma.us/spr/sprcat/catidx.htm.
Minnesota
(a) The statutory provisions include:
(1) Minnesota Statutes, Chapter 13, Government Data Practices
M. S. 13.01 Government Data M. S. 13.02 Collection, security, and dissemination of records; definitions M. S. 13.03 Access to government data M. S. 13.04 Rights of subjects of data M. S. 13.05 Duties of responsible authority M. S. 13.06 Temporary classification M. S. 13.07 Duties of the commissioner M. S. 13.3806 Public health data coded elsewhere; subd. 1-3, 6, 10, 20: Scope; Certain epidemiologic studies; Public health studies; Health records; Health threat procedures; Hazardous substance exposure M. S. 13.741 Pollution control; environmental quality data M. S. 13.7411 Pollution control and environmental quality data coded elsewhere; subd. 1-3, 5-7: Scope; Environmental audits, performance schedules; Office of environmental assistance; Environmental response and liability; Petroleum tank release; Toxic pollution prevention plans
(2) Minnesota Statutes, Chapter 115, Water Pollution Control; Sanitary Districts
M. S. 115.01 Definitions M. S. 115.061 Duty to notify and avoid water pollution
(3) Minnesota Statutes, Chapter 115B, Environmental Response and Liability
M. S. 115B.17 State Response to Releases; subd. 1-3, 12-14: Removal and remedial action; Other actions; Cleanup standards; Public notice of proposed response actions; Duty to provide information; Authorization of certain response actions; Priorities; rules; Requests for review, investigation, and oversight
(4) Minnesota Statutes, Chapter 115C, Petroleum Tank Release Cleanup
M. S. 115C.01 Citation M. S. 115C.02 Definitions M. S. 115C.021 Responsible person M. S. 115C.03 Response to releases [except subd. 10 insofar as it applies to contractors and consultants, who are not regulated under the federal program.] M. S. 115C.06 Effect on other law M. S. 115C.07 Petroleum tank release compensation board M. S. 115C.08 Petroleum tank fund [except subd. 3, which imposes a petroleum tank release cleanup fee on petroleum distributors] M. S. 115C.09 Reimbursem*nt [except subd. 5(b) and 6, which set forth enforcement authorities] M. S. 115C.092 Tank Removals; Payment for pre-removal site assessment
(5) Minnesota Statutes, Chapter 115E, Oil and Hazardous Substance Discharge Preparedness
M. S. 115E.01 Definitions M. S. 115E.02 Duty to prevent discharges
(6) Minnesota Statutes, Chapter 116, Pollution Control Agency
M. S. 116.06 Definitions M. S. 116.46 Definitions [except subd. 8, insofar as it includes vessels, enclosures, or structures—which are exempt from the federal program—in the definition of UST.] M. S. 116.47 Exemptions [except insofar as paragraph (2) does not exclude from regulation tanks of 1,100 gallon capacity or more used to store heating oil for consumptive purposes] M. S. 116.48 Notification requirements [except subd. 1(b), insofar as it requires owners of aboveground storage tanks (ASTs) to notify the agency of the tank's status; subd. 2 and 6, insofar as they impose requirements on owners of ASTs; subd. 3, insofar as it imposes notification requirements on owners of ASTs removing a tank from service or changing the tank's service; subd. 4, insofar as it places notification requirements on persons transferring the title to regulated substances to be placed directly into an UST; and subd. 5, insofar as it imposes notification requirements on sellers of ASTs.] M. S. 116.49 Environmental protection requirements
(7) Minnesota Statutes, Chapter 299F, Fire Marshal
M. S. 299F.011 Uniform Fire Code; adoption; subd. 1, 3, 4: Authority; Rules for code administration and enforcement; Applicability; local authority M. S. 299F.19 Flammable liquids and explosives; subd. 1: Rules
(b) The regulatory provisions include:
(1) Minnesota Rules, Chapter 2890, Petroleum Tank Releases
2890.0010 Definitions 2890.0060 Reimbursem*nt of Costs 2890.0065 Reduction of Reimbursem*nt Amount 2890.0070 Eligible Costs 2890.0071 Ineligible Costs 2890.0072 Overview of Rules Governing Reasonableness of Costs for Consultant Services 2890.0073 Definitions Related to Consultant Services 2890.0074 Written Proposal and Invoice Required for Consultant Services 2890.0075 Reasonableness of Work Performed; Standard Tasks for Each Step of Consultant Services 2890.0076 Maximum Costs for Consultant Services 2890.0077 Competitive Bidding Requirements for Consultant Services Proposals 2890.0078 Deviations from Standard Tasks and Maximum Costs for Consultant Services 2890.0079 Reasonable, Necessary, and Actual Consultant Services Costs 2890.0080 Overview of Rules Governing Reasonableness of Costs for Contractor Services 2890.0081 Definitions Related to Contractor Services 2890.0082 Maximum Costs for Contractor Services 2890.0083 Competitive Bidding Requirements for Contractor Services 2890.0084 Deviations from Maximum Costs for Contractor Services 2890.0085 Reasonable, Necessary, and Actual Costs 2890.0086 Invoice 2890.0089 Exemptions from Competitive Bidding 2890.0090 Application Process 2890.0120 Funding of MPCA Actions
(2) Minnesota Rules, Chapter 7045—Minnesota Pollution Control Agency, Hazardous Waste Division, Hazardous Waste
7045.0275 Management of Hazardous Waste Spills
(3) Minnesota Rules, Chapter 7060-Minnesota Pollution Control Agency, Water Quality Division, Underground Waters
7060.0300 Definitions 7060.0500 Nondegradation Policy 7060.0600 Standards; subp. 2, 3, 4: Prohibition against discharge into unsaturated zone; Control measures; Toxic pollutants 7060.0800 Determination of Compliance
(4) Minnesota Rules, Chapter 7105-Minnesota Pollution Control Agency, Water Quality Division, Underground Storage Tanks: Training
7105.0010 Definitions [except subp. 25, insofar as it includes vessels, enclosures, and structures—which are exempt from the federal program—in the definition of UST.] 7105.0020 Purpose 7105.0030 General Provisions; subp. 3: Tank owner or operator requirements 7105.0040 Exclusions [except insofar as it does not exclude from regulation heating oil storage tanks with a storage capacity of greater than 1,100 gallons.]
(5) Minnesota Rules, Chapter 7150—Minnesota Pollution Control Agency, Water Quality Division, Underground Storage Tanks Program
7150.0010 Applicability [except subp. 2, insofar as it does not exclude from regulation liquid traps or associated gathering lines directly related to oil or gas production or gas production and gathering operations; subp. 2(H), insofar as it does not exclude from regulation tanks of 1,100 gallons or more used exclusively for storing heating oil for consumptive use; and subp. 5, insofar as it does not exclude owners and operators of heating oil storage tanks with a storage capacity of greater than 1,100 gallons from notification requirements.] 7150.0020 Interim Standards for Deferred Underground Storage Tank Systems 7150.0030 Definitions [except subp. 51, insofar as it includes vessels, enclosures, and structures—which are exempt from the federal program—in the definition of underground storage tanks] 7150.0100 Performance Standards for New Underground Storage Tank Systems 7150.0110 Upgrading of Existing Underground Storage Tank Systems 7150.0120 Notification Requirements 7150.0200 Spill and Overfill Control 7150.0210 Operation and Maintenance of Corrosion Protection 7150.0220 Compatibility 7150.0230 Repairs Allowed 7150.0240 Reporting and Recordkeeping 7150.0300 General Requirements for All Underground Storage Tank Systems [except subp. 3, insofar as it imposes release detection schedule requirements on hazardous material tanks not regulated under the federal program] 7150.0310 Requirements for Petroleum Underground Storage Tank Systems 7150.0320 Requirements for Hazardous Material Underground Storage Tank Systems 7150.0330 Methods of Release Detection for Tanks 7150.0340 Methods of Release Detection for Piping 7150.0350 Release Detection Recordkeeping 7150.0400 Temporary Closure 7150.0410 Permanent Closure and Changes-in-Service to Storage of Nonregulated Substances 7150.0420 Assessing the Site at Closure or Change in Service 7150.0430 Applicability to Previously Closed Underground Storage Tank Systems 7150.0440 Closure Records
(6) Minnesota Rules, Chapter 7510—Department of Public Safety, Fire Marshal Division, Fire Safety
7510.3670 Liquefied Petroleum Gases; Section 8203: Installation of containers [except insofar as it regulates ASTs] Mississippi
(a) The statutory provisions include:
Mississippi Underground Storage Tank Act (the UST Act) of 1988, Miss. Code Ann. sections 49-17-401 to 49-17-435 (2022):
