[Title 40 CFR 280.42]
[Code of Federal Regulations (annual edition) - July 1, 2002 Edition]
[Title 40 - PROTECTION OF ENVIRONMENT]
[Chapter I - ENVIRONMENTAL PROTECTION]
[Subchapter I - SOLID WASTES (CONTINUED)]
[Part 280 - TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS (UST)]
[Subpart D - Release Detection]
[Sec. 280.42 - Requirements for hazardous substance UST systems.]
[From the U.S. Government Printing Office]


40PROTECTION OF ENVIRONMENT232002-07-012002-07-01false280.42Sec. 280.42PROTECTION OF ENVIRONMENTENVIRONMENTAL PROTECTIONSOLID WASTES (CONTINUED)TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS (UST)Release Detection
Sec. 280.42  Requirements for hazardous substance UST systems.

    Owners and operators of hazardous substance UST systems must provide 
release detection that meets the following requirements:
    (a) Release detection at existing UST systems must meet the 
requirements for petroleum UST systems in Sec. 280.41. By December 22, 
1998, all existing hazardous substance UST systems must meet the release 
detection requirements for new systems in paragraph (b) of this section.
    (b) Release detection at new hazardous substance UST systems must 
meet the following requirements:
    (1) Secondary containment systems must be designed, constructed and 
installed to:
    (i) Contain regulated substances released from the tank system until 
they are detected and removed;
    (ii) Prevent the release of regulated substances to the environment 
at any time during the operational life of the UST system; and
    (iii) Be checked for evidence of a release at least every 30 days.
    Note.-- The provisions of 40 CFR 265.193, Containment and Detection 
of Releases, may be used to comply with these requirements.
    (2) Double-walled tanks must be designed, constructed, and installed 
to:
    (i) Contain a release from any portion of the inner tank within the 
outer wall; and
    (ii) Detect the failure of the inner wall.
    (3) External liners (including vaults) must be designed, 
constructed, and installed to:
    (i) Contain 100 percent of the capacity of the largest tank within 
its boundary;
    (ii) Prevent the interference of precipitation or ground-water 
intrusion with the ability to contain or detect a release of regulated 
substances; and
    (iii) Surround the tank completely (i.e., it is capable of 
preventing lateral as well as vertical migration of regulated 
substances).
    (4) Underground piping must be equipped with secondary containment 
that satisfies the requirements of paragraph (b)(1) of this section 
(e.g., trench liners, jacketing of double-walled pipe). In addition, 
underground piping that

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conveys regulated substances under pressure must be equipped with an 
automatic line leak detector in accordance with Sec. 280.44(a).
    (5) Other methods of release detection may be used if owners and 
operators:
    (i) Demonstrate to the implementing agency that an alternate method 
can detect a release of the stored substance as effectively as any of 
the methods allowed in Secs. 280.43(b) through (h) can detect a release 
of petroleum;
    (ii) Provide information to the implementing agency on effective 
corrective action technologies, health risks, and chemical and physical 
properties of the stored substance, and the characteristics of the UST 
site; and,
    (iii) Obtain approval from the implementing agency to use the 
alternate release detection method before the installation and operation 
of the new UST system.