| (a) General provisions.
(1) All underground storage tanks (USTs) in existence
on or after September 1, 1987, must be registered with the agency
on authorized agency forms in accordance with subsection (e) of this
section, except for those tanks which:
(A) are completely exempted or partially exempted from
regulation under §334.3(a) or (b) of this title (relating to
Exemptions for Underground Storage Tanks (USTs) and UST Systems);
(B) are completely excluded or partially excluded from
regulation under §334.4(a) or (c) of this title (relating to
Exclusions for Underground Storage Tanks (USTs) and UST Systems);
(C) were properly registered with the agency prior
to September 29, 1989, under the provisions of the federal Solid Waste
Disposal Act, §9002 (42 United States Code, §§6921, et seq.), provided that the owner or operator
must submit notice of all changes and additional information in accordance
with the provisions of subsection (d) of this section;
(D) have been permanently removed from usage by either:
(i) were permanently removed from the ground before
May 8, 1986; or
(ii) remain in the ground, but were emptied, cleaned,
and filled with solid inert materials on or before January 1, 1974,
in accordance with accepted industry practices in effect at the time
the UST was taken out of operation; or
(E) were out of operation and empty of regulated substances
at the time of their discovery, provided that:
(i) the facility owner and operator can reasonably
demonstrate no prior knowledge of the existence of the USTs; and
(ii) the USTs are permanently removed from service
in accordance with §334.55 of this title (relating to Permanent
Removal from Service) no later than September 29, 1990, or within
60 days of their discovery, whichever is later.
(2) The owner and operator of a UST are responsible
for compliance with the tank registration requirements of this section.
An owner or operator may designate an authorized representative to
complete and submit the required registration information. However,
the owner and operator remain responsible for compliance with the
provisions of this section by such representatives.
(3) All USTs subject to the registration requirements
of this section are also subject to the fee provisions of Subchapter
B of this chapter (relating to Underground Storage Tank Fees), except
where specifically exempted in this chapter. The failure by a tank
owner or operator to properly or timely register any tanks does not
exempt the owner from such fee assessment and payment provisions.
(4) Proper completion of the tank registration portions
of the UST registration and self-certification form will result in
the agency's issuance of a UST registration certificate for the tanks
at the facility covered by that registration. This certificate is
tied to the delivery prohibitions detailed in §334.5(b)(2) of
this title (relating to General Prohibitions for Underground Storage
Tanks (USTs) and UST Systems).
(b) Existing tanks. Any person who owns a UST that
was in existence on September 1, 1987, must register such tank with
the agency not later than September 1, 1987, on an authorized agency
form, except for those tanks exempted and excluded under subsection
(a)(1)(A) - (D) of this section. Upon November 23, 2000, the obligation
becomes joint and several with the tank operator as well.
(c) New or replacement tanks. Any person who owns a
new or replacement UST that is placed into service on or after September
1, 1987, must register the tank with the agency on an authorized agency
form within 30 days after the date any regulated substance is placed
into the tank, except for those tanks exempted or excluded under subsection
(a)(1)(A) - (D) of this section. Upon November 23, 2000, the obligation
becomes joint and several with the tank operator as well.
(d) Changes or additional information.
(1) The owner or operator of a UST system must provide
written notice to the agency of any changes or additional information
concerning such system. Types of changes or additional information
subject to this requirement must include, but are not limited to,
the following:
(A) change in owner or operator, or change in owner
or operator information (e.g., authorized representative, mailing
address, and/or telephone number), provided that:
(i) amended registrations of owner or operator information
(other than ownership transfers) may be submitted by the owner, operator,
or an authorized representative of the owner or operator; and
(ii) amended registrations reflecting UST ownership
transfers must be provided by the new UST owner or a legally-authorized
representative of the new UST owner (i.e., registrations of ownership
transfers submitted by others will be returned and will not be recorded);
(B) change in the operational status of any tank system
(e.g., in service, temporarily out-of-service, removed from the ground,
permanently abandoned in-place, change-in-service to provide for the
storage of a substance other than a regulated substance, or change
to exempt or excluded status);
(C) change in the type of stored regulated substance,
including switching to a regulated substance containing:
(i) greater than 10% ethanol; or
(ii) greater than 20% biodiesel;
(D) installation of additional tanks and/or ancillary
equipment at an existing facility;
(E) change in the type of piping for an existing tank;
(F) the addition of, or a change in the type of, internal
or external corrosion protection for the tanks, piping, and/or ancillary
equipment;
(G) the addition of, or a change in the type of, spill
and overfill prevention equipment for the tanks;
(H) the addition of, or a change in the type of, release
detection equipment or methods for the tanks and/or piping;
(I) change in the location of documents and records
for the facility; and
(J) change in financial assurance information related
to the facility as specified in Chapter 37, Subchapter I of this title
(relating to Financial Assurance for Petroleum Underground Storage
Tank Systems).
(2) Notice of any change or additional information
must be submitted on an authorized agency form which has been completed
in accordance with subsection (e) of this section. The agency's UST
facility number for the facility must be included in the appropriate
space on the form.
(3) Notice of any change or additional information
must be filed with the agency within 30 days from the date of the
occurrence of the change or addition, or within 30 days from the date
on which the owner or operator first became aware of the change or
addition, as applicable.
(4) However, for the initial filing of the UST registration
and self-certification form (which is described in §334.8(c)(4)
of this title (relating to Certification for Underground Storage Tanks
(USTs) and UST Systems)) for all regulated UST systems at a facility,
all UST owners and operators must complete the "Tank Identification/Description"
section of the UST registration portion of the form by the same deadline
given in §334.8(c)(4)(A)(vi) of this title. This requirement
does not relieve an owner or operator from any other registration
requirements under this section.
(e) Required form for providing UST registration information.
(1) Any UST owner or operator required to submit UST
registration information under subsections (a) - (d) of this section
must provide all the information indicated on the agency's authorized
form for each regulated UST. The UST registration information must
be provided on the appropriate agency form, as specified in paragraph
(6) of this subsection.
(2) The UST registration portion of the form must be
filled out completely and accurately. Upon completion, the form must
be dated and signed by the owner, or the operator, or an authorized
representative of the owner or operator, and must be filed with the
agency within the specified time frames.
(3) All UST owners or operators required to submit
UST registration information under subsections (a) - (d) of this section
must provide the registration information for all USTs located at
a particular facility on the same form.
(4) UST owners or operators who own or operate USTs
located at more than one facility must complete and file a separate
form for each facility where regulated USTs are located.
(5) If additional information, drawings, or other documents
are submitted with new or revised registration data, specific facility
identification information (including the facility identification
number, if known) must be conspicuously indicated on each document
and all such documents must be attached to and filed with the form.
(6) For any UST registration information filed with
the agency on or after November 23, 2000, UST owners and operators
must provide the required information on an authorized agency UST
registration and self-certification form, as prescribed by §334.8(c)(4)
of this title.
(7) Owners and operators of petroleum UST systems should
also see the financial assurance requirements in §37.870(b) of
this title (relating to Reporting, Registration, and Certification).
(f) Inadequate information. When any of the required
UST registration information submitted to the agency is determined
to be inaccurate, unclear, illegible, incomplete, or otherwise inadequate,
the agency may require the owner and/or operator to submit additional
information. An owner or operator must submit any such required additional
information within 30 days of receipt of such request.
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