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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.]
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 |
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| (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.
OSWER DIRECTIVE 9650.11
Upgrading Existing UST Systems
Objective §281.31
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Cite Regulation Statute |
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| 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.
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 |
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| (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.
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 |
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(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.
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(2) designed, installed, calibrated,
operated and maintained so that releases will be detected in
accordance with the capabilities of the method;
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| (b) Release detection requirements must, at a minimum, be scheduled to be applied at all UST systems: |
Cite Regulation Statute |
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(1) immediately when a new UST system
is installed:
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(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.
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| (c) All petroleum tanks must be sampled, tested, or checked for releases at least monthly, except that: |
Cite Regulation Statute |
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(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
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(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.
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| (d) All underground piping attached to the tank that routinely conveys petroleum must conform to the following: |
Cite Regulation Statute |
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(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. |
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(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. |
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| (e) All UST systems storing hazardous substances must meet the following: |
Cite Regulation Statute |
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(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).
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(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.
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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.
OSWER DIRECTIVE 9650.11
Release Reporting, Investigation, and Confirmation
Objective §281.34
| All owners and operators must conform with the following: |
Cite Regulation Statute |
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|---|---|---|
| (a) Promptly investigate all suspected releases, including: | ||
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(1) when unusual operating
conditions, release detection signals and environmental conditions
at the site suggest a release of regulated substances may have
occurred; and
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(2) when required by the implementing
agency to determine the source of a release having an impact in the
surrounding area; and
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| (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.
OSWER DIRECTIVE 9650.11
Release Response and Corrective Action
Objective §281.35
| The State must have requirements that ensure: |
Cite Regulation Statute |
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|---|---|---|
| (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.
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 |
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| (a) All new and existing UST systems temporarily closed must: | ||
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(1) continue to comply with general
operating requirements, release reporting and investigation, and
release response and corrective action;
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(2) continue to comply with release
detection requirements if regulated substances are stored in the
tank;
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(3) be closed off to outside access;
and
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(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.
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| (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. |
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| (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.
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 |
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(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;
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(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;
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(3) owners and operators of 1 to 100
petroleum USTs must have an annual aggregate of $1 million;
and
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(4) owners and operators of 101 or
more petroleum USTs must have an annual aggregate of $2
million.
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| (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.
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 |
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|---|---|---|
| (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.
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 |
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| (a) Any State agency administering a program must have the authority to implement the following remedies for violations of State program requirements: | ||
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(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;
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(2) To sue in courts of competent
jurisdiction to enjoin any threatened or continuing violation of
any program requirement;
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(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. |
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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.
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 |
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| (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. |
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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.
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
OSWER DIRECTIVE 9650.11
PROGRAM DESCRIPTION
General
1. Type of approval requested:
(check one) |
(check one) |
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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.
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