A careful reading is necessary to determine whether only one or both parties may be liable in the event of noncompliance. Some provisions impose requirements on owners exclusively and some on both owners and operators. Question 7: Are owners of USTs primarily responsible for ensuring compliance with certain section of Part 280 (e.g., 280.21, 280.22, and 280.34)Īnswer: The regulations do not provide that the owner will be held "primarily" responsible for complying with these requirements.The monastery is considered a residence and, therefore, the regulatory exclusion for farm and residential USTs of 1,100 gallons or less storing motor fuel used for noncommercial purposes applies. Question 6: Are a monastery's two 500-gallon underground storage tanks subject to UST regulations?Īnswer: No, as long as they store motor fuel that is non commercially used only by the monastery's residents.M85 can be stored in petroleum UST systems if a variance can be obtained, where allowed, by the implementing agency in accordance with the rule's requirements. Gasohols containing lesser amounts of methanol (generally, 2.5 to 5 percent) may be stored in petroleum UST systems. Question 5: Are mixtures of gasoline and methanol, e.g., M85, to be treated as motor fuel or hazardous substances under 40 CFR Part 280?Īnswer: M85 must be stored in a hazardous substance UST system because it contains 85 percent of a CERCLA-listed substance.Question 4: Is a recast concrete vaulted tank system housing a tank below grade exempt from Part 280 requirements?Īnswer: Yes, "if the tank sits upon or above the surface of the floor and there is sufficient space to enable physical inspection of the tank bottom." (53 FR 37121).Question 3: What does the term "deferred" mean in the context of Part IV-Analysis of Today's Rule (Paragraph A.3) in the SeptemFederal Register and does the deferral apply to fuel oil storage tanks for emergency generators at hospitals, commercial and industrial facilities?Īnswer: EPA is temporarily deferring Subpart D requirements for all emergency generator tanks regardless of location to allow time to develop workable release detection requirements for these tank systems.Question 2: Who is responsible for UST tanks that are owned by one party, rented to a second party who in turn subleases them to a third party?Īnswer: All three parties could be subject to enforcement action should noncompliance be discovered. Question 1: Do the Part 280 requirements apply to process waste traps (oil-water separators) located at various Schlumburger manufacturing and metal finishing facilities?Īnswer: In general, oil water separator systems are either excluded or deferred from the regulations under one of the following provisions: as field constructed tanks and/or as waste water treatment tank systems subject (or not subject) to section 402 and 307(b) of the Clean Water Act.Some of the information in this compendium may no longer apply because of those revisions. EPA revised the UST regulations in July 2015.
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