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53 FR 37082-37247 Friday, Sept. 23, 1988 40 CFR Parts 280 and 281, Underground Storage Tanks; Technical Requirements and State Program Approval; Final Rules--Preamble Section I. Authority

PREAMBLE--40 CFR Part 280


40 CFR Part 280


Underground Storage Tanks;
Technical Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

SUMMARY: The Environmental Protection Agency (EPA) today finalizes regulations for underground storage tanks containing petroleum or substances defined as hazardous under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), except any substance regulated as a hazardous waste under Subtitle C of the Resource Conservation and Recovery Act (RCRA). These regulations were first proposed on April 17, 1987 (52 FR 12662) and a subsequent Supplemental Notice was published on December 23, 1987 (52 FR 48638).

Under Section 9003 of RCRA, EPA must establish requirements for leak detection, leak prevention, financial responsibility, and corrective action for all underground storage tanks containing regulated substances as necessary to protect human health and the environment. Today's final rule sets forth requirements satisfying the mandates of section 9003, except that final requirements concerning financial responsibility will be addressed later by EPA in another FEDERAL REGISTER notice.

EFFECTIVE DATE: December 22, 1988, except § 280.22(g) which is effective October 24, 1988.

ADDRESSES: The docket for this rulemaking (Docket No. UST 2-1) is located at the U.S. Environmental Protection Agency, 401 M Street, S.W., Washington, DC 20460. The docket is open from 9:30 a.m. to 3:30 p.m., Monday through Friday, except for federal holidays. You may make an appointment to review docket materials by calling (202) 475-9720. You may copy a maximum of 50 pages of material from any one regulatory docket at no cost. Additional copies cost $0.20 per page.

FOR FURTHER INFORMATION CONTACT: The RCRA/Superfund Hotline at (800) 424-9346 (toll free) or 382-3000 (in Washington, DC).

SUPPLEMENTARY INFORMATION: The contents of today's preamble are listed in the following outline:

I. Authority

II. Background

A. Subtitle I of RCRA

B. Operating Principles

C. Summary of April 17 Proposed Rule

D. Public Comment on the Proposal

E. Summary of the Supplemental Notice and the Notice of Availability of New Information

F. Influences on the Final Rule

1. Scope of the Problem

2. New Cause-of-Release Information

3. Industry Codes and Practices

4. Industry Trends

5. UST System Technology Development

6. Leaking USTs Present A Unique Regulatory Challenge

7. Emerging State and Local UST Programs and EPA's Approach to Regulation

G. Conclusions Since Proposal

III. Today's Final Rule

A. Summary of Today's Final Rule

B. Major Points of Departure from April 17 Proposal

1. More Frequent Tank Tightness Testing of Existing Unprotected Tanks During the 10-Year Upgrade Period

2. Less Frequent Monitoring of New and Upgraded Tanks Until Age 10

3. Gradual Phase-in of Release Detection Based on Age

4. More Stringent Requirements for Pressurized Piping

C. Alternative Approaches Considered

1. New UST Systems Containing Petroleum

2. Existing UST Systems Containing Petroleum

3. Hazardous Substance UST Systems

4. Corrective Action

IV. Analysis of Today's Rule

A. Program Scope

1. Applicability

2. Regulatory Exclusions

3. Deferral of Regulations

4. Definitions

B. UST Systems: Design, Construction, Installation, and Notification

1. Design and Construction Requirements (§ 280.20)

2. Installation (§§ 280.20(d) and (e))

3. Upgrading of Existing Systems (§ 280.21)

4. Notification (§ 280.22)

C. General Operating Requirements

1. Spill and Overfill Control (§ 280.30)

2. Operation and Maintenance of Corrosion Protection (§ 280.31)

3. Inspection and Maintenance of the Tank System (§ 280.31)

4. Compatibility ( § 280.32)

5. Repairs (§ 280.33)

6. Reporting and Recordkeeping (§ 280.34)

D. Release Detection

1. Overview

2. Section-by-Section Analysis

E. Release Reporting, Investigation and Confirmation

1. Overview

2. Section-by-Section Analysis

F. Release Response and Corrective Action for UST Systems Containing Regulated Substances

1. Background

2. Major Issues Influencing the Final Rule

3. Section-by-Section Analysis

G. Out-of-Service UST Systems and Closures

1. Introduction

2. Temporary Closure (§ 280.70)

3. Permanent Closure (§ 280.71)

4. Assessing the Site at Closure (§ 280.72)

5. Applicability to Previously Closed UST Systems (§ 280.73)

6. Closure Records (§ 280.74)

H. Analysis of Other Significant Comments

1. Reliance on Codes Developed by Nationally Recognized Organizations

2. Additional Decisionmaking Authority for Implementing Agencies

V. Relationship to Other Aspects of the UST System Program

A. Interim Prohibition

B. Notification

C. Leaking Underground Storage Tank Trust Fund

D. Exempted Tank Studies

VI. Relationship to Other Agency Programs


B. Hazardous Waste Tank Program

C. Hazardous Waste Management Regulations

1. Hazardous Substances

2. Petroleum and Petroleum-based Substances

D. Used Oil Regulations


F. DOE High Level Radioactive Waste Program

VII. Economic and Regulatory Impacts

A. Regulatory Impact Analysis

1. Executive Order 12291

2. Costs

3. Benefits

4. Cost Effectiveness of the Final Rule

5. Economic Impacts on Existing Facilities

6. Integration of Technical Standards and Financial Responsibility Rules

B. Regulatory Flexibility Act

1. Small Entities Potentially Affected by the Rule

C. Paperwork Reduction Act

VIII. List of Subjects in 40 CFR Part 280


These regulations are issued under the authority of sections 2002, 9001, 9002, 9003, 9004, 9005, and 9006, 9007, and 9009 of the Solid Waste Disposal Act of 1970, as amended by the Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C. 6912, 6991, 6991(a), 6991(b), 6991(c), 6991(d), 6991(e), 6991(f) and 6991(h)).

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[ 53 FR 37082-37247 ][ Section II. ]

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