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APPENDIX A OSWER Directive 9650.12 SUGGESTED PROCEDURES FOR REVIEW OF STATE UST APPLICATIONS May 1992

APPENDIX A: STATUTORY CHECKLIST

State: ___________________

Statutory Element Subtitle I Cite State Cite Coverage Y/N Comments
A. Definitions        

1. Underground Storage Tank - States must have jurisdiction over the following tank universe:

9001(1)

     

a. (tank) any stationary device constructed primarily of nonearthen materials which provide structural support,

b. (used to contain an accumulation of regulated substances) which contains any amount of a regulated substance for any period of time,

c. (connected piping) and all piping connected to the tank through which regulated substances flow,

d. (beneath the surface of the ground) with 10% or more of the volume (tank and piping) either below grade or beneath ground material.

       

2. Optional Exclusions - States may exclude from their jurisdiction one or more of the following types of tanks, in whole or in part:

9001(1)

     

a. farm or residential tank of 1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes,

b. tank used for storing heating oil for on-site consumption

c. septic tank

d. pipeline facility regulated under the Natural Gas Pipeline Safety Act, the Hazardous Liquid Pipeline Safety Act or comparable state law,

e. surface impoundment, pit, pond, or lagoon

f. stormwater or wastewater collection system

g. flow through tank integral to a manufacturing process

h. liquid-trap and gathering lines directly related to oil and gas production and gathering operations

i. storage tank located on or above the floor in an underground room

       

*3. Regulated Substance

       

a. petroleum - State must include all petroleum substances which are liquid at standard temperature and pressure, including waste oil,

9001(2)

     

b. hazardous substances - State must include all substances on the CERCLA list, 40 CFR 302.4, but may exclude any substance subject to regulation under Subtitle C as a hazardous waste.

9001(2)

     

4. Operator - State must include any person in control of or having responsibility for, the daily operation of an underground storage tank

9001(4)

     

5. Release - State must include any spilling, leaking, emitting, discharging, escaping, leaching, or disposing from an underground storage tank into groundwater, surface water, or subsurface soils.

9001(5)

     

6. Person - State must include any individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, consortium, joint venture, commercial entity, association, State, municipality, commission, political subdivision or a State, interstate body, and the United States Government.

9001(6)

     
Statutory Element Subtitle I Cite State Cite Coverage Y/N Comments
B. Leak Detection Requirements

State must have authority to establish requirements for maintaining a leak detection system, inventory control system together with tank testing, or a comparable system or method designed to identify releases in a manner consistent with the protection of human health and the environment.

9004(a)(1)

     
C. Recordkeeping Requirements

State must have authority to establish requirements for maintaining records of any monitoring or leak detection system or inventory control system or tank testing system.

9004(a)(2)

     
D. Reporting Requirements

1. Releases - State must have authority to establish requirements for reporting any release from an underground storage tank

9004(a)(3)

     

2. Corrective action - State must have authority to establish requirements for reporting any corrective action taken in response to a release from an underground storage tank.

9004(a)(3)

     
E. Corrective Action Requirements

State must have authority to establish requirements for taking corrective action in response to a release from an underground storage tank.

9004(a)(4)

     
F. Closure Requirements

State must have authority to establish requirements for the closure of underground storage tanks to prevent future releases of regulated substances into the environment.

9004(a)(5)

     
G. Financial Responsibility

State must have authority to establish requirements for maintaining evidence of financial responsibility for taking corrective action and compensating third parties for bodily injury and property damage caused by sudden and nonsudden accidental releases arising from the operation of an underground storage tank.

A State may establish this financial responsibility authority if it has the authority to develop and administer a corrective action and compensation program financed by fees on tank owners and operators.

9004(a)(6),

9004(c)

     
H. New Tank Standards

States must have the authority to establish performance standards for new underground storage tanks, including but not limited to the following

a. design

b. construction

c. installation

d. release detection

e. compatibility

9004(a)(7)

     
I. Notification Requirements

States must have the authority to establish the notification requirements specified in 9002(a) for any operational and non-operational underground storage tank and requirements for submitting this information to the Agency designated in 9002(b).

9004(a)(8),

9002

     
J. Inspection and Entry Authority

1. States must have the authority to obtain from any owner or operator of an underground storage tank, upon request, information relating to such tanks, their associated equipment, and their contents; to require monitoring or testing; to enter at reasonable times any place where an underground storage tank is located; to inspect and obtain from any person samples of regulated substances contained in the tank; to conduct monitoring or testing of the tanks, associated equipment, contents, or surrounding environment; and to have access to at all reasonable times, or to copy, all records relating to such tanks, for the purpose of enforcing the provisions of this program.

2. States must have authority to make the information obtained under the above authority available without restriction, upon request, to the US EPA and to any duly authorized committee of Congress.

9005

     

* State program may cover petroleum or hazardous substances or both

[ Directive 9650.12 ][ Appendices ]

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