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F: 513-672-2386

EPA Regulatory Applicability

40 CFR 112 applies to petroleum oils, non-petroleum oils, animal fats, oils and greases, fish and marine mammal oils, vegetable oils (including oils from seeds, nuts, fruits, and kernels), and also applies to any owner or operator of a non-transportation-related onshore or offshore facility engaged in drilling, producing, gathering, storing, processing, refining, transferring, distributing, using, or consuming oil and oil products; which, due to its location, could reasonably be expected to discharge oil in quantities that may be harmful, into or upon the navigable waters of the United States or adjoining shorelines, or into or upon the waters of the contiguous zone, or in connection with activities under the Outer Continental Shelf Lands Act or the Deepwater Port Act of 1974, or that may affect natural resources belonging to, appertaining to, or under the exclusive management authority of the United States (including resources under the Magnuson Fishery Conservation and Management Act) that has oil in:

  • Any aboveground container

  • Any completely buried tank (see definitions)

  • Any container that is used for standby storage, for seasonal storage, or for temporary storage, or not otherwise “permanently closed” (see definitions)

  • Any “bunkered tank” or “partially buried tank” (see definitions), or any container in a vault, each of which is considered an aboveground storage container for purposes of 40 CFR 112.

A bulk storage container is 55 gal. or greater and may be above-ground, partially buried, bunkered, or completely buried. “Bunkered tanks” are defined as “a container constructed or placed in the ground by cutting the earth and re-covering the container in a manner that breaks the surrounding natural grade, or that lies above grade, and is covered with earth, sand, gravel, asphalt, or other material. A bunkered tank is considered an above-ground storage container for purposes of 40 CFR 112”

Tank Maintenance Management

Each above-ground container will be tested for integrity on a regular schedule, and whenever material repairs are made. The frequency of and type of testing will take into account container size and design (such as floating roof, skid-mounted, elevated, or partially buried).

NextGen will combine visual inspection with other testing techniques such as hydrostatic testing, radiographic testing, ultrasonic testing, acoustic emissions testing, or another system of non-destructive shell testing. Comparison records will be kept and the container’s supports and foundations also inspected. Personnel will frequently inspect the outside of the container for signs of deterioration, discharges, or accumulation of oil inside diked areas.

Liquid level sensing devices will be regularly tested to ensure proper operation.

Effluent treatment facilities are observed frequently enough to detect possible system upsets that could cause a discharge.

If field-constructed above-ground containers undergo a repair, alteration, reconstruction, or a change in service that might affect the risk of a discharge or failure due to brittle fracture or other catastrophe, or has discharged oil or failed due to brittle fracture failure or other catastrophe, the container is evaluated for risk of discharge or failure due to brittle fracture or other catastrophe and appropriate actions taken.