Jump to main content.


APPENDIX A STATE PROGRAM APPROVAL HANDBOOK OSWER Directive 9650.11 May 11, 1992

APPENDIX A

Sample Application for Approval of State Underground Storage Tank Programs

GOVERNOR'S LETTER AND ATTORNEY GENERAL'S STATEMENT

[Insert Governor's letter and the
Attorney General's certification here in that order.]

Top of page


OSWER DIRECTIVE 9650.11

New UST Systems and Notification

Objective §281.30

The State must have requirements that ensure that all new UST systems conform with the following: Cite
Regulation   Statute
(a) Be designed, constructed, and installed in a manner that will prevent releases for their operating life due to manufacturing defects, structural failure, or corrosion. [Note: Codes of practice developed by nationally-recognized organizations may be used to demonstrate that the State program requirements are no less stringent in this area.]     
(b) Be provided with equipment to prevent spills and tank overfills when new tanks are installed or existing tanks are upgraded, unless the tank does not receive more than 25 gallons at one time.     
(c) All UST system owners and operators must notify the implementing State agency of the existence of any new UST system using a form designated by the State agency.     

Please put explanations of how State requirements meet this objective on a separate page, as well as a detailed description of areas where the State program is more stringent or broader in scope than the Federal program, including specific statutory and regulatory citations.

Top of page


OSWER DIRECTIVE 9650.11

Upgrading Existing UST Systems

Objective §281.31

Cite
Regulation   Statute
The State must have requirements that ensure existing UST systems will be replaced or upgraded before December 22, 1998, to prevent releases for their operating life due to corrosion, and spills or overfills.     

Please put explanations of how State requirements meet this objective on a separate page, as well as a detailed description of areas where the State program is more stringent or broader in scope than the Federal program, including specific statutory and regulatory citations.

Top of page


OSWER DIRECTIVE 9650.11

General Operating Requirements

Objective §281.32

The State must have requirements that ensure all new and existing UST systems conform to the following: Cite
Regulation   Statute
(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 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.     

Please put explanations of how State requirements meet this objective on a separate page, as well as a detailed description of areas where the State program is more stringent or broader in scope than the Federal program, including specific statutory and regulatory citations.

Top of page


OSWER DIRECTIVE 9650.11

Release Detection

Objective §281.33

(a) Release detection requirements for owners and operators must consist of a method, or combination of methods, that is:
Cite
Regulation   Statute
(1) capable of detecting a release of the regulated substance from any portion of the UST system that routinely contains regulated substances -- as effectively as any of the methods allowed under the Federal Technical Standards -- for as long as the UST system is in operation. In comparing methods, the implementing agency shall consider the size of release that the method can detect and the speed and reliability with which the release can be detected.
    
(2) designed, installed, calibrated, operated and maintained so that releases will be detected in accordance with the capabilities of the method;
    
(b) Release detection requirements must, at a minimum, be scheduled to be applied at all UST systems: Cite
Regulation   Statute
(1) immediately when a new UST system is installed:
    
(2) on an orderly schedule that completes a phase-in of release detection at all existing UST systems (or their closure) before December 22, 1993, except that release detection for the piping attached to any existing UST that conveys a regulated substance under greater than atmospheric pressure must be phased-in before December 22, 1990.
    
(c) All petroleum tanks must be sampled, tested, or checked for releases at least monthly, except that: Cite
Regulation   Statute
(1) new or upgraded tanks (that is, tanks and piping protected from releases due to corrosion and equipped with both spill and overfill prevention devices) may temporarily use monthly inventory control (or its equivalent) in combination with tightness testing (or its equivalent) conducted every 5 years for the first 10 years after the tank is installed or upgraded, or until December 22, 1998, whichever is later; and
    
(2) existing tanks unprotected from releases due to corrosion or without spill and overfill prevention devices may use monthly inventory control (or its equivalent) in combination with annual tightness testing (or its equivalent) until December 22, 1998.
    
(d) All underground piping attached to the tank that routinely conveys petroleum must conform to the following: Cite
Regulation   Statute
(1) if the petroleum is conveyed under greater than atmospheric pressure:
(i) the piping must be equipped with release detection that detects a release within an hour by restricting or shutting off flow or sounding an alarm; and
(ii) the piping must have monthly monitoring applied or annual tightness tests conducted.
    
(2) if suction lines are used:
(i) tightness tests must be conducted at least once every 3 years, unless a monthly method of detection is applied to this piping; or
(ii) the piping is designed to allow the contents of the pipe to drain back into the storage tank if the suction is released and is also designed to allow an inspector to immediately determine the integrity of the piping system.
    
(e) All UST systems storing hazardous substances must meet the following: Cite
Regulation   Statute
(1) all existing hazardous substance UST systems must comply with all the requirements for petroleum UST systems in sections 281.33(c) and (d) above, and after December 22, 1998, they must comply with the following subsection (e)(2).
    
(2) all new hazardous substance UST systems must use interstitial monitoring within secondary containment of the tanks and the attached underground piping that conveys the regulated substance stored in the tank, unless the owner and operator can demonstrate to the State (or the State otherwise determines) that another method will detect a release of the regulated substance as effectively as other methods allowed under the State program for petroleum UST systems and that effective corrective action technology is available for the hazardous substance being stored that can be used to protect human health and the environment.
    

Please put explanations of how State requirements meet this objective on a separate page, as well as a detailed description of areas where the State program is more stringent or broader in scope than the Federal program, including specific statutory and regulatory citations.

Top of page


OSWER DIRECTIVE 9650.11

Release Reporting, Investigation, and Confirmation

Objective §281.34

All owners and operators must conform with the following: Cite
Regulation   Statute
(a) Promptly investigate all suspected releases, including:
(1) when unusual operating conditions, release detection signals and environmental conditions at the site suggest a release of regulated substances may have occurred; and
    
(2) when required by the implementing agency to determine the source of a release having an impact in the surrounding area; and
    
(b) Promptly report all confirmed underground releases and any spills and overfills that are not contained and cleaned up.     
(b) Ensure that all owners and operators contain and clean up unreported spills and overfills in a manner that will protect human health and the environment.     

Please put explanations of how State requirements meet this objective on a separate page, as well as a detailed description of areas where the State program is more stringent or broader in scope than the Federal program, including specific statutory and regulatory citations.

Top of page


OSWER DIRECTIVE 9650.11

Release Response and Corrective Action

Objective §281.35

The State must have requirements that ensure: Cite
Regulation   Statute
(a) All releases from UST systems are promptly assessed and further releases are stopped;     
(b) Actions are taken to identify, contain and mitigate any immediate health and safety threats that are posed by a release (such activities include investigation and initiation of free product removal, if present);     
(c) All releases from UST systems are investigated to determine if there are impacts on soil and ground water, and any nearby surface waters. The extent of soil and ground-water contamination must be delineated when a potential threat to human health and the environment exists.     
(d) All releases from UST systems are cleaned up through soil and ground water remediation and any other steps, as necessary to protect human health and the environment;     
(e) Adequate information is made available to the State to demonstrate that corrective actions are taken in accordance with the requirements of (a) through (d) of this section. This information must be submitted in a timely manner that demonstrates its technical adequacy to protect human health and the environment; and     
(f) In accordance with section 280.67, the State must notify the affected public of all confirmed releases requiring a plan for soil and ground water remediation, and upon request provide or make available information to inform the interested public of the nature of the release and the corrective measures planned or taken.     

Please put explanations of how State requirements meet this objective on a separate page, as well as a detailed description of areas where the State program is more stringent or broader in scope than the Federal program, including specific statutory and regulatory citations.

Top of page


OSWER DIRECTIVE 9650.11

Out-of-Service UST Systems and Closure

Objective §281.36

The State must have requirements that ensure UST systems conform with the following: Cite
Regulation   Statute
(a) All new and existing UST systems temporarily closed must:     
(1) continue to comply with general operating requirements, release reporting and investigation, and release response and corrective action;
    
(2) continue to comply with release detection requirements if regulated substances are stored in the tank;
    
(3) be closed off to outside access; and
    
(4) be permanently closed if the UST system has not been protected from corrosion and has not been used in one year, unless the State approves an extension after the owner and operator conducts a site assessment.
    
(b) All tanks and piping must be cleaned and permanently closed in a manner that eliminates the potential for safety hazards and future releases.

The owner or operator must notify the State of permanent UST system closures.

The site must also be assessed to determine if there are any present or were past releases, and if so, release response and corrective action requirements must be complied with.

    
(c) All UST systems taken out of service before December 22, 1988, must permanently close in accordance with paragraph (b) of this section when directed by the State.     

Please put explanations of how State requirements meet this objective on a separate page, as well as a detailed description of areas where the State program is more stringent or broader in scope than the Federal program, including specific statutory and regulatory citations.

Top of page


OSWER DIRECTIVE 9650.11

Financial Responsibility for USTs Containing Petroleum

Objective §281.37

(a) State requirements for financial responsibility must ensure that: Cite
Regulation   Statute
(1) owners and operators have $1 million per occurrence for corrective action and third-party claims in a timely manner to protect human health and the environment;
    
(2) owners and operators not engaged in petroleum production, refining, and marketing and who handle a throughput of 10,000 gallons of petroleum per month or less have $500,000 per occurrence for corrective action and third-party claims in a timely manner to protect human health and the environment;
    
(3) owners and operators of 1 to 100 petroleum USTs must have an annual aggregate of $1 million; and
    
(4) owners and operators of 101 or more petroleum USTs must have an annual aggregate of $2 million.
    
(b) Phase-in requirements. Financial responsibility requirements for petroleum UST systems must, at a minimum, be scheduled to be applied at all UST systems on an orderly schedule that completes a phase-in of the financial responsibility requirements within the time allowed in the Federal regulations under 40 CFR §280.91.     
(c) States may allow the use of a wide variety of financial assurance mechanisms to meet this requirement. Each financial mechanism must meet the following criteria: be valid and enforceable; be issued by a provider that is qualified or licensed in the State; not permit cancellation without allowing the State to draw funds; ensure that funds will only and directly be used for corrective action and third-party liability costs; and require that the provider notify the owner or operator of any circumstance that would impair or suspend coverage.     
(d) States must require owners and operators to maintain records and demonstrate compliance with the State financial responsibility requirements, and these records must be made readily available when requested by the implementing agency.     

Please put explanations of how State requirements meet this objective on a separate page, as well as a detailed description of areas where the State program is more stringent or broader in scope than the Federal program, including specific statutory and regulatory citations.

Top of page


OSWER DIRECTIVE 9650.11

PROGRAM SCOPE

[Insert Program Scope discussion here.]


OSWER DIRECTIVE 9650.11

Legal Authorities for Compliance Monitoring

(§281.40)

The State must have the following specific compliance monitoring authorities: Cite
Regulation   Statute
(a) Any authorized representative of the State engaged in compliance inspections, monitoring, and testing must have authority to obtain by request any information from an owner or operator with respect to the UST system(s) that is necessary to determine compliance with the regulations.     
(b) Any authorized representative of the State must have authority to require an owner or operator to conduct monitoring or testing.     
(c) Authorized representatives must have the authority to enter any site or premises subject to UST system regulations or in which records relevant to the operation of the UST system(s) are kept, and to copy these records, obtain samples of regulated substances, and inspect or conduct the monitoring or testing of UST system(s).     

Please put explanations of how State requirements meet this objective on a separate page, as well as a detailed description of areas where the State program is more stringent or broader in scope than the Federal program, including specific statutory and regulatory citations.

Top of page


OSWER DIRECTIVE 9650.11

Legal Authorities for Enforcement Response

(§281.41)

The State must have the following specific enforcement response authorities for State program approval: Cite
Regulation   Statute
(a) Any State agency administering a program must have the authority to implement the following remedies for violations of State program requirements:     
(1) To restrain immediately and effectively any person by order or by suit in State court from engaging in any unauthorized activity that is endangering or causing damage to public health or the environment;
    
(2) To sue in courts of competent jurisdiction to enjoin any threatened or continuing violation of any program requirement;
    
(3) To assess or sue to recover in court civil penalties as follows:
(i) Civil penalties for failure to notify or for submitting false information pursuant to tank notification requirements must be capable of being assessed up to $5,000 or more per violation.

(ii) Civil penalties for failure to comply with any State requirements or standards for existing or new tank systems must be capable of being assessed for each instance of violation, up to $5,000 or more for each tank for each day of violation. If the violation is continuous, civil penalties shall capable of being assessed up to $5,000 or more for each day of violation.

    

Please put explanations of how State requirements meet this objective on a separate page, as well as a detailed description of areas where the State program is more stringent or broader in scope than the Federal program, including specific statutory and regulatory citations.

Top of page


OSWER DIRECTIVE 9650.11

Public Participation in Enforcement Proceedings

(§281.42)

Any State administering a program must provide for public participation in the State enforcement process by providing any one of the following three options: Cite
Regulation   Statute
(a) Authority that allows intervention analogous to Federal Rule 24(a)(2), and assurance by the appropriate State enforcement agency that it will not oppose intervention under the State analogue to Rule 24(a)(2) on the ground that the applicant's interest is adequately represented by the State.     
(b) Authority that allows intervention as of right in any civil action to obtain the remedies specified in 281.41 by any citizen having an interest that is or may be adversely affected; or     
(c) Assurance by the appropriate State agency that:
(1) It will provide notice and opportunity for public comment on all proposed settlements of civil enforcement actions (except where immediate action is necessary to adequately protect human health and the environment);

(2) It will investigate and provide responses to citizen complaints about violations; and

(3) It will not oppose citizen intervention when permissive intervention is allowed by statute, rule, or regulation.

    

Please put explanations of how State requirements meet this objective on a separate page, as well as a detailed description of areas where the State program is more stringent or broader in scope than the Federal program, including specific statutory and regulatory citations.

Top of page


OSWER DIRECTIVE 9650.11

DEMONSTRATION OF PROCEDURES FOR ADEQUATE ENFORCEMENT

I. COMPLIANCE MONITORING

A. Purpose

The implementing agency must have compliance monitoring procedures for collecting and maintaining data on violators and monitoring their and the rest of the regulated community's compliance status over time. Specifically, States must develop procedures in each of the following four areas: record review; inspections; public reporting; and data maintenance.

B. Explanation

II. ENFORCEMENT RESPONSE

A. Purpose

The implementing agency must have procedures to exercise legal enforcement authorities against violators, bring them into compliance, and deter other potential violators.

B. Explanation

 

 

Top of page


OSWER DIRECTIVE 9650.11

PROGRAM DESCRIPTION

General

1. Type of approval requested:

(check one)
(check one)

Interim ________

Final ________

Complete ________

Partial (Petroleum) ________

Partial (Hazardous Substances) ________


2. Does the State have any existing agreements with Indian tribes? If so, attach agreements and briefly describe.

Program Scope

3. Describe the UST universe covered by the State program. Include the estimated number of petroleum UST systems, hazardous substance UST systems, and any other information affecting the State's regulation of this universe.

Organization and Structure of State Program

4. Indicate the lead agency for facilitating communications between EPA and the State. If there is a separate agency for

5. Include a simple chart that describes the organizational structure of the complete State underground storage tank program, including all implementing agencies.

6. Describe the procedures for coordinating the State implementing agencies.

Resource Information

7. For each State implementing agency with responsibilities for developing, regulating, enforcing, or administering the underground storage tank program, please estimate the total dollar budget and number of staff assigned to the underground storage tank program.

8. Please provide an estimate of the administrative and implementation costs of the State's underground storage tank program on an annual basis.

9. Indicate current Federal, State, and local funding sources, with approximate amounts for each. Please explain any restrictions or limitations regarding these funding sources.

 

[ Table of Contents ][ Appendices ]

Top of page


Local Navigation


Jump to main content.