Federal UST Regulations
As directed by Subtitle I of RCRA, the federal Environmental Protection Agency (EPA) has developed a comprehensive regulatory program to prevent, correct and detect releases from USTs. To view the full text of the Federal UST Law, click here. This program began with the promulgation of UST definitions and exemptions, interim prohibitions, and notification requirements on July 15, 1985. On September 23, 1988, EPA promulgated technical standards and corrective action requirements for owners and operators of USTs which became effective December 22, 1988. EPA's technical standards and corrective action requirements for USTs are located at 40 C.F.R. Part 280, Subparts A thru G. These requirements address UST design, construction, and installation; release detection, reporting, and investigation; release response and corrective action; and out of service USTs and closure. EPA added financial responsibility criteria on October 26, 1988 which is located at 40 C.F.R. Part 280, Subpart H. More recently, EPA promulgated its lender liability rules at 40 C.F.R., Part 280, Subpart I, September 7, 1995, which govern the responsibility of lenders who may come into possession of an UST system through foreclosure.
The following subparts of the federal UST regulations at 40 C.F.R. Part 280 are available via a link to the website maintained by the United States Government Printing Office.
If it is history you seek, check out Perkins Law Group UST Regulatory Timeline published by Petroleum Publishing Group Inc., clicking here.
- Subpart A - Program Scope and Interim Prohibition
280.10 Applicability
280.11 Interim prohibition for deferred UST systems
280.12 Definitions
- Subpart B - UST Systems: Design, Construction, Installation and Notification
280.20 Performance standards for new UST systems
280.21 Upgrading of existing UST systems
280.22 Notification requirements
- Subpart C - General Operating Requirements
280.30 Spill and overfill control
280.31 Operation and maintenance of corrosion protection
280.32 Compatibility
280.33 Repairs allowed
280.34 Reporting and recordkeeping
- Subpart D - Release Detection
280.40 General requirements for all UST systems
280.41 Requirements for petroleum UST systems
280.42 Requirements for hazardous substance UST systems
280.43 Methods of release detection for tanks
280.44 Methods of release detection for piping
280.45 Release detection recordkeeping
- Subpart E - Release Reporting, Investigation, and Confirmation
280.50 Reporting of suspected releases
280.51 Investigation due to off-site impacts
280.52 Release investigation and confirmation steps
280.53 Reporting and cleanup of spills and overfills
- Subpart F - Release Response and Corrective Action for UST Systems Containing Petroleum or Hazardous Substances
280.60 General
280.61 Initial response
280.62 Initial abatement measures and site check
280.63 Initial site characterization
280.64 Free product removal
280.65 Investigations for soil and groundwater cleanup
280.66 Corrective action plan
280.67 Public participation
- Subpart G - Out-of-Service UST Systems and Closure
280.70 Temporary closure
280.71 Permanent closure and changes-in-service
280.72 Assessing the site at closure or change-in-service
280.73 Applicability to previously closed UST systems
280.74 Closure records
- Subpart H - Financial Responsibility
280.90 Applicability
280.91 Compliance Dates
280.92 Definition of Terms
280.93 Amount and scope of required financial responsibility
280.94 Allowable mechanisms and combinations of mechanisms
280.95 Financial test of self-insurance
280.96 Guarantee
280.97 Insurance and risk retention group coverage
280.98 Surety bond
280.99 Letter of credit
280.100 Use of state-required mechanism
280.101 State fund or other state assurance
280.102 Trust fund
280.103 Standby trust fund
280.104 Local government bond rating test
280.105 Local government financial test
280.106 Local government guarantee
280.107 Local government fund
280.108 Substitution of financial assurance mechanisms by owner or operator
280.109 Cancellation or nonrenewal by a provider of financial assurance
280.110 Reporting by owner or operator
280.111 Recordkeeping
280.112 Drawing on financial assurance mechanisms
280.113 Release from the requirements
280.114 Bankruptcy or other incapacity of owner or operator or provider of financial assurance
280.115 Replenishment of guarantees, letters of credit, or surety bonds
280.116 Suspension of enforcement [Reserved]
- Subpart I - Lender Liability
280.200 Definitions
280.210 Participation in management
280.220 Ownership of an underground storage tank or underground storage tank system or facility or property on which an underground storage tank or underground storage tank system is located
280.230 Operating an underground storage tank or underground storage tank system
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