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U.S. Geological Survey Manual

Chapter 11

Underground Storage Tank Management

1. Scope.

A. Purpose. This chapter establishes U.S. Geological Survey (USGS or Bureau) policy and responsibilities for compliance with statutory requirements for underground storage tanks (UST's) containing petroleum products and hazardous substances.

B. Background. The 1986 amendments to the RCRA included provisions to prevent releases from UST's, mandating a comprehensive regulatory program. A UST is defined as any combination of tank and underground pipes in which 10 percent or more of the volume of the tank is beneath the ground surface (including associated underground piping).

2. Authorities/References.

A. Hazardous and Solid Waste Amendments (HSWA) of 1984 (Public Law 98-616)

B. The Superfund Amendments and Reauthorization Act (SARA) of 1986 (Public Law 99-499)

3. Requirements.

A. General Tank Standards and Operating Requirements. UST regulations applicable to Federal facilities are found in 40 CFR 280, subparts A-G. A brief description of the requirements follows:

(1) 40 CFR 280, subpart A gives the definitions for the UST program and applicability of the regulations to each system.

(2) Federal UST regulations (40 CFR 280) apply to both existing (installed before December 1988) and new (installed after December 1988) tanks and the associated piping network. These regulations include corrosion protection and spill/overflow prevention requirements and are applicable immediately for new tanks; existing tanks were required to be upgraded or retrofitted by December 22, 1998. Tanks unable to meet Federal UST standards must be closed in compliance with 40 CFR 280, subpart G.

(3) Wastewater treatment tank systems, UST's containing radioactive material (Atomic Energy Act of 1954), UST systems that are part of an emergency generator system at nuclear power generation facilities, airport hydrant fuel distribution systems, and UST systems with field-constructed tanks are deferred from the requirements of 40 CFR 280 except for subpart F governing release response and corrective action requirements.

(4) Owners/operators will monitor transfer operations to ensure that spilling or overflowing do not occur.

(5) Owners/operators will maintain and inspect corrosion protection measures, including cathodic protection, to ensure proper operation.

(6) UST systems must be made of, or lined with, materials compatible with substances stored in the UST system.

(7) Owners/operators will conduct repairs to UST systems per a code of practice developed by a nationally recognized association or an independent testing laboratory; the manufacturers' authorized representatives may make repairs. Test repaired tanks operability for tightness and corrosion protection, and maintain records of all repairs for the remaining operating life of the UST system. Internal inspections of repaired tanks, using appropriate confined space entry procedures, may be permitted in lieu of tightness testing.

(8) Owners/operators will maintain written records demonstrating compliance with operations and maintenance requirements.

(9) The owner/operator must report all existing UST's and installation certifications for new UST systems to the proper agency. Owners/operators must also report releases, spills, and corrective actions planned in cleanup procedures.

B. Release Detection.

(1) The 40 CFR 280, subpart D identifies release detection requirements.

(2) New, existing upgraded, and existing nonupgraded tanks and pipes must provide methods for release detection. Release detection methods were to be phased in for existing tanks and piping systems, while new tanks and associated piping must be provided at the installation of the tank. The schedule for phasing in release detection requirements regarding existing systems was based on the age of the tank and piping. The phase-in process began December 22, 1989, for tanks 25 years old or older. All piping and existing tanks must have been upgraded with the release detection requirements by December 22, 1993.

(3) 40 CFR 280, subpart D define specific types of release detection methods to be used. The options outlined in subpart D are:

(a) One of the monthly monitoring methods defined in 40 CFR 280.43(d)-(h).

(b) Tank tightness testing in combination with monthly inventory control may be used. Tank tightness testing is required annually for existing tanks not yet meeting upgrade requirements and could only be used to meet release detection requirements until December 22, 1998. Tank tightness testing at intervals of 5 years is allowed for new tanks or tanks upgraded with corrosion protection until December 22, 1998, or 10 years after installation/upgrade, whichever date is later. The employment of release detection methods required under 40 CFR 280, subpart D, is necessary for the life of the tank and piping system.

(4) Records documenting compliance with release detection requirements are to be maintained for 5 years or for a length of time specified by the applicable regulatory agency.

C. Release Reporting, Investigation, and Confirmation.

(1) 40 CFR 280, subpart E, outlines release reporting, investigation, and confirmation requirements.

(2) A suspected release from an UST system must be reported to the appropriate State agency within 24 hours. The following can be used as evidence of a suspected release:

(a) Sudden loss of product.

(b) Erratic behavior of dispensing equipment.

(c) Unexplained presence of water in a tank.

(d) Discovery of free product or vapor at the site or surrounding area, or when release detection methods indicate a release occurrence.

(3) The following are exceptions to the reporting requirement:

(a) Tank system dispensing/pumping equipment is defective, but not leaking, and can be replaced or repaired immediately.

(b) The second month of inventory control data does not confirm the initial results.

(c) The monitoring device is found to be defective and is immediately repaired or replaced and recalibrated, and additional monitoring does not confirm the initial results.

(4) Suspected releases of regulated substances must be investigated and confirmed within 7 days by conducting a UST system test or another confirmation procedure established by the State. Further investigation is not required if a system test indicates a leak does not exist and no environmental contamination is present. If system testing indicates that no leak exists but environmental contamination is the cause for suspecting a release, a site check, per 40 CFR 280.52(b), is required.

(5) UST system spills or overfills must be immediately cleaned up and reported to the state within 24 hours for spills or overfills of:

(a) over 25 gallons or if a petroleum sheen is present on nearby surface water for tanks containing petroleum products, and

(b) hazardous substances exceeding reportable quantities under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).

(c) If cleanup cannot be accomplished within 24 hours, immediately notify the regulatory agency.

(6) Spills and overfills resulting in the release of petroleum that are less than 25 gallons must be contained immediately and cleaned up within 24 hours. If cleanup cannot be accomplished within 24 hours, immediately notify the regulatory agency.

D. Release Response and Corrective Action.

(1) 40 CFR 280, subpart F outlines release response and corrective action requirements.

(2) Upon discovery of a confirmed or suspected release, owners and operators must notify the EPA and appropriate State agencies within 24 hours. Upon confirmation of a release, owners/operators must stop further release of the regulated substance from the UST system and identify and mitigate fire, explosion, and vapor hazards. Confirm the suspected release within 7 days of the initial discovery (40 CFR 280.52).

(3) The following initial abatement measures are required for a confirmed release, as identified in 40 CFR 280.62:

(a) Remove as much of the regulated substance as necessary from the UST system to prevent further release.

(b) Resolve hazards posed by UST releases. Hazards include contaminated soils below ground level and migration of the regulated substance into surrounding soils and groundwater.

(c) Continue to monitor and mitigate any fire and safety hazards.

(d) Thoroughly measure and monitor for the presence and extent of releases around the UST site.

(e) Reduce hazards posed by contaminated soils and materials that were excavated or exposed as a result of any corrective or investigative activities. The owner/operator must comply with applicable Federal, State, and local regulations regarding disposal or treatment of these substances.

(f) Report initial abatement steps within 20 days.

(4) The EPA or State agency requires the submission of an initial site characterization report that includes at a minimum:

(a) A determination of the nature and extent of the release.

(b) An estimated quantity of the release.

(c) A free product assessment.

(d) Information on surrounding population, geology, water supply, wells, utilities, climate, and land use.

(5) A site characterization report must be submitted to the regulatory agency within 45 days of release confirmation or another reasonable time as specified by the regulatory agency.

(6) If free product is discovered, the owner/operator must begin abatement of it as soon as possible and to the maximum extent practical. All free product abatement and disposal practices must comply with those listed in 40 CFR 280.64.

(7) Investigate soil and groundwater contamination to determine the extent of the contamination plume. Submit the information obtained during the investigation to the proper regulatory agency. Submission of a corrective action plan to the appropriate regulatory agency may be required, with additional information on the condition and extent of contaminated soil, groundwater remediation actions, and demonstration that adequate protection to human health, safety, and the environment is being provided. The regulatory agency will review this corrective action plan to determine if it adequately protects human health, safety, and the environment. The regulatory agency may approve the plan or make any modifications prior to implementation.

(8) The regulatory agency must notify members of the public for each confirmed release that requires a corrective action plan and make the corrective action plan available to the public, upon request. Additionally, the public must be notified if the selected corrective action fails to meet the established cleanup goals.

E. Out-of-Service UST Systems and Closure.

(1) The regulations applicable to this section are located in 40 CFR 280, subpart G.

(2) Temporary closure of a UST requires continued operation and maintenance of corrosion protection and release detection measures. Operation and maintenance of the corrosion protection and release detection measures are required even when the UST is empty.

(3) Temporary closure of 3 months or more requires that vent lines be left open and all other lines, pumps, man-ways, and supporting equipment be capped and secured.

(4) Temporary closure of more than 12 months requires permanent closure of the UST if it does not meet either new UST performance standards or corrosion protection upgrading standards. The regulatory agency may grant an extension of the 12-month, temporary closure period.

(5) Owners/operators must notify the implementing agency 30 days prior to the permanent closure or change-in-service of a UST. Continued use of a UST to store a nonregulated substance is considered a "change-in-service." UST's must be emptied and properly cleaned prior to permanent closure or change-in-service, and closed tanks must be removed or filled with an inert solid and all tank openings must be capped.

(6) Owners/operators must perform a site assessment on UST's that undergo permanent closure or change-in-service. The site assessment must measure for the presence of contaminants in the places where they most likely will be present and detected. However, a site assessment is not required for an UST equipped with proper groundwater or external vapor monitoring systems and are operating in accordance with the applicable requirements, if no release is detected at closure/change-in-service.

(7) Site assessment of an excavation zone and compliance with closure requirements may also apply to UST systems permanently closed before December 22, 1988, if the regulatory agency determines that the UST may pose a current or potential threat to human health, safety, or the environment.

(8) Owners/operators will maintain records documenting compliance with closure requirements for a period of at least 3 years after closure.

F. Compliance with UST Requirements. The USGS UST program policy is to comply with all Federal and applicable State and local regulations pertaining to the operation and management of UST's.

G. Compliance with UST Inventory. One of the most important initial steps in meeting UST regulatory requirements is to develop adequate baseline data regarding a facility's tank population. USGS facilities must maintain a complete and accurate UST inventory. Complete inventories must have all applicable data elements listed for each system record. Update data elements to reflect significant changes in the UST condition, especially at critical points during the useful life of each UST (e.g., following facility, when upgraded or repaired, if a release occurs, at closure, etc.).

H. Compliance with UST Management.

(1) No person may install a UST system listed in 40 CFR 280.10(c) for the purpose of storing regulated substances unless the UST system (whether of single-or double-wall construction)

(a) will prevent releases due to corrosion or structural failure for the operational life of the UST system,

(b) is cathodically protected against corrosion, constructed of noncorrodible material, steel clad with a noncorrodible material, or designed in a manner to prevent the release of any stored substance, and

(c) is constructed or lined with material that is compatible with the stored substance.

(2) A UST system without corrosion protection may be installed at a site that is determined by a corrosion expert not to be corrosive enough to cause it to have a release due to corrosion during its operating life.

(3) Owners and operators must maintain records that demonstrate compliance with the requirements of this paragraph for the remaining life of the tank.

4. Responsibilities.

A. Bureau Safety Manager (BSM).

(1) Provides information and advice to facility managers regarding proposed and final rules and regulations pertaining to UST's and uniformly apply USGS policy as set forth in the Handbook.

(2) Monitors facility compliance with upcoming UST upgrade requirements.

(3) Assists regions and facilities in resolving disputes with Federal, State, and local, regulatory agencies as required.

(4) Ensures, through site assistance visits and the Environmental Compliance Auditing Program, USGS cooperation and compliance with Federal, State, and local regulatory agencies with regard to UST regulations.

B. Regional Directors.

(1) Ensure that all regional activities comply with current Federal, State, and local underground storage tank requirements.

(2) Program and budget for personnel, equipment, materials, training, and monitoring required to comply with UST requirements.

C. Regional Safety Managers and Regional Safety Officers (RSO).

(1) Ensure all required Federal, State, and local permits are applied for and obtained at facilities within the region.

(2) Ensure notification forms for UST's are completed and forwarded to the EPA or the appropriate State agency by regional facilities as required.

(3) Maintain an accurate inventory of UST's within the region, and forward a copy to the BSM.

(4) Ensure, through site assistance visits and the Environmental Compliance Auditing Program, facility compliance with Federal, State, and local regulatory agencies with regard to UST regulations.

D. Organizational Managers and Supervisors.

(1) Identify projects and submit through the appropriate channels project documentation and funding requests for UST systems required to maintain compliance with applicable existing and future regulations and permits.

(2) Ensure notification forms for UST's are completed and forwarded to the EPA or the appropriate State agency as required.

(3) Ensure leak detection and product inventory requirements, recordkeeping, and operation of monitoring systems required by Federal, applicable State, and local UST laws and regulations are accomplished at facilities within the region as required.

(4) Program and budget for personnel, equipment, materials, training, and monitoring required to comply with UST requirements.

(5) Ensure all required Federal, State, and local permits are applied for, acquired, and maintained.

(6) Sign certifications and permit applications, as required, for construction of all UST projects and pay appropriate Federal, State, and local fees.

(7) Ensure an accurate UST inventory is maintained and forwarded to the appropriate RSO.

E. Collateral Duty Environmental Program Coordinators.

(1) Coordinate the accomplishment of leak detection and product inventory requirements, recordkeeping, and operation of monitoring systems required by Federal, applicable State, and local UST laws and regulations, as required.

(2) Coordinate compliance with Federal, applicable State, and local laws and regulations concerning the construction of new UST's, the upgrading of existing tanks, and the removal and closure of abandoned or unneeded tanks.

5. Additional Resources.

A. Office of Environmental Policy and Compliance

B. Environmental Protection Agency (EPA)

C. EPA Rules and Regulations

D. Federal Facilities Enforcement Office (FFEO)

E. EPA Office of Federal Activities - NEPA Review and International Enforcement/Compliance

F. The Yellow Book: Guide to Environmental Enforcement and Compliance at Federal Facilities


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U.S. Department of the Interior, U.S. Geological Survey, Reston, VA, USA
URL: http://www.usgs.gov /usgs-manual/handbook/hb/445-1-h/ch11.html
Contact: APS, Office of Policy and Analysis
Content Information Contact: wrmiller@usgs.gov
Last modification:06-Sep-2002@09:56 (kk)