(a) Operating an UST or UST system prior to foreclosure. A holder, prior to foreclosure, as defined in Sec. 280.210(c), is not an ``operator'' of a petroleum UST or UST system for purposes of compliance with the UST technical standards as defined in Sec. 280.200(a), the UST corrective action requirements under Sec. Sec. 280.51 through 280.67, and the UST financial responsibility requirements under Sec. Sec. 280.90 through 280.111, provided that, after December 6, 1995, the holder is not in control of or does not have responsibility for the daily operation of the UST or UST system.
(b) Operating an UST or UST system after foreclosure. The following provisions apply to a holder who, through foreclosure, as defined in Sec. 280.210(c), acquires a petroleum UST or UST system or facility or property on which a petroleum UST or UST system is located.
(1) A holder is not an ``operator'' of a petroleum UST or UST system for purposes of compliance with 40 CFR part 280 if there is an operator, other than the holder, who is in control of or has responsibility for the daily operation of the UST or UST system, and who can be held responsible for compliance with applicable requirements of 40 CFR part 280 or applicable state requirements in those states that have been delegated authority by EPA to administer the UST program pursuant to 42 U.S.C. 6991c and 40 CFR part 281.
(2) If another operator does not exist, as provided for under paragraph (b)(1) of this section, a holder is not an ``operator'' of the UST or UST system, for purposes of compliance with the UST technical standards as defined in Sec. 280.200(a), the UST corrective action requirements under Sec. Sec. 280.51 through 280.67, and the UST financial responsibility requirements under Sec. Sec. 280.90 through 280.111, provided that the holder:
(i) Empties all of its known USTs and UST systems within 60 calendar days after foreclosure or within 60 calendar days after December 6, 1995, whichever is later, or another reasonable time period specified by the implementing agency, so that no more than 2.5 centimeters (one inch) of residue, or 0.3 percent by weight of the total capacity of the UST system, remains in the system; leaves vent lines open and functioning; and caps and secures all other lines, pumps, manways, and ancillary equipment; and
(ii) Empties those USTs and UST systems that are discovered after foreclosure within 60 calendar days after discovery or within 60 calendar days after December 6, 1995, whichever is later, or another reasonable time period specified by the implementing agency, so that no more than 2.5 centimeters (one inch) of residue, or 0.3 percent by weight of the total capacity of the UST system, remains in the system; leaves vent lines open and functioning; and caps and secures all other lines, pumps, manways, and ancillary equipment.
(3) If another operator does not exist, as provided for under paragraph (b)(1) of this section, in addition to satisfying the conditions under paragraph (b)(2) of this section, the holder must either:
(i) Permanently close the UST or UST system in accordance with Sec. Sec. 280.71 through 280.74, except Sec. 280.72(b); or
(ii) Temporarily close the UST or UST system in accordance with the following applicable provisions of Sec. 280.70:
(A) Continue operation and maintenance of corrosion protection in accordance with Sec. 280.31;
(B) Report suspected releases to the implementing agency; and
(C) Conduct a site assessment in accordance with Sec. 280.72(a) if the UST system is temporarily closed for more than 12 months and the UST system does not meet either the performance standards in Sec. 280.20 for new UST systems or the upgrading requirements in Sec. 280.21, except that the spill and overfill equipment requirements do not have to be met. The holder must report any suspected releases to the implementing agency. For purposes of this provision, the 12-month period begins to run from December 6, 1995 or from the date on which the UST system is emptied and secured under paragraph (b)(2) of this section, whichever is later.
(4) The UST system can remain in temporary closure until a subsequent purchaser has acquired marketable title to the UST or UST system or facility or property on which the UST or UST system is located. Once a subsequent purchaser acquires marketable title to the UST or UST system or facility or property on which the UST or UST system is located, the purchaser must decide whether to operate or close the UST or UST system in accordance with applicable requirements in 40 CFR part 280 or applicable state requirements in those states that have been delegated authority by EPA to administer the UST program pursuant to 42 U.S.C. 6991c and 40 CFR part 281. Sec. Appendix I to Part 280--Notification for Underground Storage Tanks
(Form)
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Sec. Appendix II to Part 280--List of Agencies Designated To Receive
Notifications Alabama (EPA Form), Alabama Department of Environmental Management, Ground Water Section/Water Division, 1751 Congressman W.L. Dickinson Drive, Montgomery, Alabama 36130, 205/271-7823Alaska (EPA Form), Department of Environmental Conservation, Box 0, Juneau, Alaska 99811-1800, 970/465-2653 American Samoa (EPA Form), Executive Secretary, Environmental Quality Commission, Office of the Governor, American Samoan Government, Pago Pago, American Samoa 96799; Attention: UST NotificationArizona (EPA Form), Attention: UST Coordinator, Arizona Department of Environmental Quality, Environmental Health Services, 2005 N. Central, Phoenix, Arizona 85004Arkansas (EPA Form), Arkansas Department of Pollution Control and Ecology, P.O. Box 9583, Little Rock, Arkansas 72219, 501/562-7444California (State Form), Executive Director, State Water Resources Control Board, P.O. Box 100, Sacramento, California 95801, 916/445-1533Co1orado (EPA Form), Section Chief, Colorado Department of Health, Waste Management Division, Underground Tank Program, 4210 East 11th Avenue, Denver, Colorado 80220, 303/320-8333Connecticut (State Form), Hazardous Materials Management Unit, Department of Environmental Protection, State Office Building, 165 Capitol Avenue, Hartford, Connecticut 06106Delaware (State Form), Division of Air and Waste Management, Department of Natural Resources and Environmental Control, P.O. Box 1401, 89 Kings Highway, Dover, Delaware 19903, 302/726-5409District of Columbia (EPA Form), Attention: UST Notification Form, Department of Consumer and Regulatory Affairs, Pesticides and Hazardous Waste Management Branch, Room 114, 5010 Overlook Avenue SW., Washington, DC 20032Florida (State Form), Florida Department of Environmental Regulation, Solid Waste Section, Twin Towers Office Building, 2600 Blair Stone Road, Tallahassee, Florida 32399, 904/487-4398Georgia (EPA Form), Georgia Department of Natural Resources, Environmental Protection Division, Underground Storage Tank Program, 3420 Norman Berry Drive, 7th Floor, Hapeville, Georgia 30354, 404/656-7404Guam (State Form), Administrator, Guam Environmental Protection Agency, P.O. Box 2999, Agana, Guam 96910, Overseas Operator (Commercial call 646-8863)Hawaii (EPA Form), Administrator, Hazardous Waste Program, 645 Halekauwila Street, Honolulu, Hawaii 96813, 808/548-2270Idaho (EPA Form), Underground Storage Tank Coordinator, Water Quality Bureau, Division of Environmental Quality, Idaho Department of Health and Welfare, 450 W. State Street, Boise, Idaho 83720, 208/334-4251Illinois (EPA Form), Underground Storage Tank Coordinator, Division of Fire Prevention, Office of State Fire Marshal, 3150 Executive Park Drive, Springfield, Illinois 62703-4599Indiana (EPA Form), Underground Storage Tank Program, Office of Environmental Response, Indiana Department of Environmental Management, 105 South Meridian Street, Indianapolis, Indiana 46225Iowa (State Form), UST Coordinator, Iowa Department of Natural Resources, Henry A. Wallace Building, 900 East Grand, Des Moines, Iowa 50219, 512/281-8135Kansas (EPA Form), Kansas Department of Health and Environment, Forbes Field, Building 740, Topeka, Kansas 66620, 913/296-1594Kentucky (State Form), Department of Environmental Protection, Hazardous Waste Branch, Fort Boone Plaza, Building 2, 18 Reilly Road, Frankfort, Kentucky 40601, 501/564-6716Louisiana (State Form), Secretary, Louisiana Department of Environmental Quality, P.O. Box 44066, Baton Rouge, Louisiana 70804, 501/342-1265Maine (State Form), Attention: Underground Tanks Program, Bureau of Oil and Hazardous Material Control, Department of Environmental Protection, State House--Station 17, Augusta, Maine 04333Maryland (EPA Form), Science and Health Advisory Group, Office of Environmental Programs, 201 West Preston Street, Baltimore, Maryland 21201Massachusetts (EPA Form), UST Registry, Department of Public Safety, 1010 Commonwealth Avenue, Boston, Massachusetts 02215, 617/566-4500Michigan (EPA Form), Michigan Department of State Police, Fire Marshal Division, General Office Building, 7150 Harris Drive, Lansing, Michigan 48913Minnesota (State Form), Underground Storage Tank Program, Division of Solid and Hazardous Wastes, Minnesota Pollution Control Agency, 520 West Lafayette Road, St. Paul, Minnesota 55155Mississippi (State Form), Department of Natural Resources, Bureau of Pollution Control, Underground Storage Tank Section, P.O. Box 10385, Jackson, Mississippi 39209, 601/961-5171Missouri (EPA Form), UST Coordinator, Missouri Department of Natural Resources, P.O. Box 176, Jefferson City, Missouri 65102, 314/751-7428Montana (EPA Form), Solid and Hazardous Waste Bureau, Department of Health and Environmental Science, Cogswell Bldg., Room B-201, Helena, Montana 59620Nebraska (EPA Form), Nebraska State Fire Marshal, P.O. Box 94677, Lincoln, Nebraska 68509-4677, 402/471-9465Nevada (EPA Form), Attention: UST Coordinator, Division of Environmental Protection, Department of Conservation and Natural Resources, Capitol Complex 201 S. Fall Street, Carson City, Nevada 89710, 800/992-0900, Ext. 4670, 702/885-4670 New Hampshire (EPA Form), NH Dept. of Environmental Services, Water Supply and Pollution Control Division, Hazen Drive, P.O. Box 95, Concord, New Hampshire 03301, Attention: UST RegistrationNew Jersey (State Form), Underground Storage Tank Coordinator, Department of Environmental Protection, Division of Water Resources (CN-029), Trenton, New Jersey 08625, 609/292-0424New Mexico (EPA Form), New Mexico Environmental Improvement Division, Groundwater/Hazardous Waste Bureau, P.O. Box 968, Santa Fe, New Mexico 37504, 505/827-2933New York (EPA Form), Bulk Storage Section, Division of Water, Department of Environmental Conservation, 50 Wolf Road, Room 326, Albany, New York 12233-0001, 518/457-4351North Carolina (EPA Form), Division of Environmental Management, Ground-Water Operations Branch, Department of Natural Resources and Community Development, P.O. Box 27687, Raleigh, North Carolina 27611, 919/733-3221North Dakota (State Form), Division of Hazardous Management and Special Studies, North Dakota Department of Health, Box 5520, Bismarck, North Dakota 58502-5520Northern Mariana Islands (EPA Form), Chief, Division of Environmental Quality, P.O. Box 1304, Commonwealth of Northern Mariana Islands, Saipan, CM 96950, Cable Address: Gov. NMI Saipan, Overseas Operator: 6984Ohio (State Form), State Fire Marshal's Office, Department of Commerce, 8895 E. Main Street, Reynoldsburg, Ohio 43068, State Hotline: 800/282-1927Oklahoma (EPA Form), Underground Storage Tank Program, Oklahoma Corporation Comm., Jim Thorpe Building, Oklahoma City, Oklahoma 73105Oregon (State Form), Underground Storage Tank Program, Hazardous and Solid Waste Division, Department of Environmental Quality, 811 S.W. Sixth Avenue, Portland, Oregon 98204, 503/229-5788Pennsylvania (EPA Form), PA Department of Environmental Resources, Bureau of Water Quality Management, Ground Water Unit, 9th Floor Fulton Building, P.O. Box 2063, Harrisburg, Pennsylvania 17120Puerto Rico (EPA Form), Director, Water Quality Control Area, Environmental Quality Board, Commonwealth of Puerto Rico, Santurce, Puerto Rico, 809/725-0717Rhode Island (EPA Form), UST Registration, Department of Environmental Management, 83 Park Street, Providence, Rhode Island 02903, 401/277-2234South Carolina (State Form), Ground-Water Protection Division, South Carolina Department of Health and Environmental Control, 2600 Bull Street, Columbia, South Carolina 29201, 803/758-5213South Dakota (EPA Form), Office of Water Quality, Department of Water and Natural Resources, Joe Foss Building, Pierre, South Dakota 57501,Tennessee (EPA Form), Tennessee Department of Health and Environment, Division of Superfund Underground Storage Tank Section, 150 Ninth Avenue, North, Nashville, Tennessee 37219-5404, 615/741-0690Texas (EPA Form), Underground Storage Tank Program, Texas Water Commission, P.O. Box 13087, Austin, Texas 78711Utah (EPA Form), Division of Envirormental Health, P.O. Box 45500, Salt Lake City, Utah 84145-0500Vermont (State Form), Underground Storage Tank Program, Vermont AEC/Waste Management Division, State Office Building, Montpelier, Vermont 05602, 802/828-3395Virginia (EPA Form), Virginia Water Control Board, P.O. Box 11143, Richmond, Virginia 23230-1143, 804/257-6685Virgin Islands (EPA Form), 205(J) Coordinator, Division of Natural Resources Management, 14 F Building 111, Watergut Homes, Christianstead, St. Croix, Virgin Islands 00820Washington (State Form), Underground Storage Tank Notification, Solid and Hazardous Waste Program, Department of Ecology, M/S PV-11, Olympia, Washington 98504-8711, 206/459-6316West Virginia (EPA Form), Attention: UST Notification, Solid and Hazardous Waste, Ground Water Branch, West Virginia Department of Natural Resources, 1201 Greenbriar Street, Charleston, West Virginia 25311Wisconsin (State Form), Bureau of Petroleum Inspection, P.O. Box 7969, Madison, Wisconsin 53707, 608/266-7605Wyoming (EPA Form), Water Quality Division, Department of Environmental Quality, Herschler Building, 4th Floor West, 122 West 25th Street, Cheyenne, Wyoming 82002, 307/777-7781.
Sec. Appendix III to Part 280--Statement for Shipping Tickets and
Invoices
Note. A Federal law (the Resource Conservation and Recovery Act (RCRA), as amended (Pub. L. 98-616)) requires owners of certain underground storage tanks to notify designated State or local agencies by May 8, 1986, of the existence of their tanks. Notifications for tanks brought into use after May 8, 1986, must be made within 30 days. Consult EPA's regulations, issued on November 8, 1985 (40 CFR part 280) to determine if you are affected by this law.