Section 80.04 - Applicability(1) The requirements of 310 CMR 80.00 shall apply to: (a) Owners and Operators of UST systems, except as provided in 310 CMR 80.04(5) through (13);(b) If the UST system has a crash, shear or impact valve, the regulations apply to Owners and Operators of the UST system below the crash, shear or impact valve, except as provided in 310 CMR 80.04(5) through (13);(c) Class A, B and C operators;(d) Third-party inspectors; and(e) Any person required by 310 CMR 80.00 to certify compliance with 310 CMR 80.00.(2) Whenever any provision in 310 CMR 80.00 requires an action to be taken by an Owner or Operator, either may take the action, but both are responsible for ensuring that the proper action is taken, and both the Owner and Operator are jointly and severally liable.(3)Schedule of UST System and UST Component Upgrade Requirements. Owners and Operators of the following UST systems shall comply with the Schedule of Upgrades in Table A: (a) Pressurized piping installed before May 28, 1999;(b) UST systems using a submersible pump that do not have a turbine sump;(c) UST systems used to supply regulated substance to emergency engines installed before January 2, 2015; and(d) Airport hydrant systems. Table A: Schedule of Upgrades
Type of UST System | Section(s) | Effective Date |
Pressurized piping installed before May 28, 1999 | Leak Detection Requirements for Automatic Line Leak Detectors at 310 CMR 80.19(4)(b)2. | January 2, 2016 |
UST systems using a submersible pump that do not have a turbine sump | Requirement for Sumps at 310 CMR 80.20 and 80.27 | January 1, 2019 or tank top upgrade, whichever is earlier. |
UST systems used to supply fuel to emergency engines installed before January 2, 2015 | Leak detection requirements at 310 CMR 80.26(3), (4), (5) or (6). | No later than October 13, 2022 |
Airport hydrant systems | 310 CMR 80.64 | See310 CMR 80.64 for effective dates |
(4)Financial Responsibility. The financial responsibility requirements at 310 CMR 80.51 through 80.63 shall apply to all Owners and Operators of UST systems except: (a) As provided in 310 CMR 80.04(5) through (12); and(b) State and Federal government entities whose debts and liabilities are the debts and liabilities of a state or the United States government. Owners and Operators shall have the burden of proof to demonstrate that they are not subject to 310 CMR 80.51 through 80.63.
(5) Owners and Operators of the following UST systems are exempt from all requirements of 310 CMR 80.00: (a) UST systems holding hazardous wastes listed or identified under Subtitle C of RCRA, M.G.L. c. 21C or 310 CMR 30.000: Hazardous Waste, except UST systems holding waste oil.(b) Equipment or machinery that contains regulated substances for operational purposes including, but not limited to, hydraulic lift tanks and electrical equipment tanks.(c) UST systems that contain a de minimis concentration of regulated substance which means a concentration of regulated substance not exceeding the GW1 groundwater reportable concentrations in the Massachusetts Oil and Hazardous Materials List at 310 CMR 40.1600: Massachusetts Oil and Hazardous Material List. If a regulated substance is not listed at 310 CMR 40.1600: Massachusetts Oil and Hazardous Material List, the Owner and Operator shall demonstrate de minimis by demonstrating that the regulated substance does not display characteristics of ignitability, corrosivity, flammability and/or toxicity in order to be subject to this exemption. The Owner and Operator shall keep records of said demonstration in accordance with 310 CMR 80.36 until the Owner and Operator no longer claim the exemption.(d) UST systems with a capacity of 110 gallons or less.(e) UST systems that are part of a storm water or wastewater treatment facility regulated under § 402 or 307(b) of the Federal Clean Water Act or the State Clean Water Act at M.G.L. c. 21, §§ 26 through 53 including, but not limited, to industrial wastewater holding tanks and oil water separators.(6) Owners and Operators of the following UST systems shall be subject only to the requirements at 310 CMR 80.04(7): (a) UST systems containing radioactive material that are regulated under the Atomic Energy Act of 1954, 42 U.S.C. § 2011et al.(b) UST systems that are part of an emergency generator system at a nuclear power generation facility licensed by the Nuclear Regulatory Commission and subject to Nuclear Regulatory Commission requirements regarding design and quality criteria including, but not limited to, 10 CFR Part § 50,(c) UST systems containing low level radioactive waste or its mixture with hazardous waste regulated by the Nuclear Regulatory Commission and the Department of Public Health.(d) UST systems that are part of a storm water or wastewater treatment system not regulated under the Federal Clean Water Act § 402 or § 307(b) or the State Clean Water Act at M.G.L. c. 21, §§ 26 through 53.(7) Owners and Operators of UST systems at 310 CMR 80.04(6) shall comply with the following requirements: (a) Prevent releases due to corrosion or structural failure;(b) Be cathodically protected against corrosion in accordance with 310 CMR 80.22 and 80.29, be constructed of non-corrodible material, be steel clad with a non-corrodible material, or be designed in a manner to prevent the release or threatened release of any stored regulated substance; and(c) Be constructed or lined with material that is compatible with the stored regulated substance.(8) Owners and Operators of UST systems with consumptive use tanks having a capacity of 1100 gallons or less shall be subject only to the following requirements: (a) Tank Specifications at 310 CMR 80.17(3), if installed on or after March 21, 2008; and(b) Response to a Release requirements at 310 CMR 80.38.(9) Owners and Operators of UST systems with consumptive use tanks having a capacity of more than 1100 gallons installed on and after January 1, 1989 are subject only to the following requirements: (a) Installation Requirements at 310 CMR 80.16, except 310 CMR 80.16(8);(b) Tank Specifications at 310 CMR 80.17(1);(c) Specifications for Regulated Substance Piping at 310 CMR 80.18;(d) Leak Detection Requirements at 310 CMR 80.19(3)(a) and 80.26;(e) Sump Requirements at 310 CMR 80.20 and 80.27;(f) Spill Bucket and Overfill Prevention Requirements at 310 CMR 80.21 and 80.28;(g) Corrosion Protection Requirements, if applicable, at 310 CMR 80.22 and 80.29;(h) General Requirements at 310 CMR 80.24, except 310 CMR 80.24(4)(i) Emergency Response Requirements at 310 CMR 80.25;(j) Compatibility Requirements at 310 CMR 80.30;(k) Repair and Replacement Requirements at 310 CMR 80.33;(l) Leakage and Release: Response, Reporting and Remediation requirements at 310 CMR 80.38 through 80.40; and(m) Closure Requirements at 310 CMR 80.41 through 80.47.(10) Owners and Operators of UST systems with consumptive use tanks having a capacity of more than 1100 gallons installed before January 1, 1989 are subject only to the following requirements: (a) Specifications for Regulated Substance Piping at 310 CMR 80.18(1);(b) Sump Requirements at 310 CMR 80.20 and 80.27;(c) Spill Bucket and Overfill Prevention Requirements at 310 CMR 80.21 and 80.28;(d) General Requirements at 310 CNR 80.24, except 310 CMR 80.24(4);(e) Emergency Response Requirements at 310 CMR 80.25;(f) Compatibility Requirements at 310 CMR 80.30;(g) Repair and Replacement Requirements at 310 CMR 80.33;(h) Leakage and Release: Response, Reporting and Remediation requirements at 310 CMR 80.38 through 80.40; and(i) Closure Requirements at 310 CMR 80.41 through 80.47.(11) Owners and Operators of farm or residential tanks having a capacity of 1100 gallons or less used exclusively for the storage of motor fuel are subject to only the following requirements: (a) Tank Specifications at 310 CMR 80.17(1); and(b) Response to a Release requirements at 310 CMR 80.38.(12) Owners and Operators of UST systems used solely for emergency spill or overflow containment of a regulated substance are subject to only the following requirements: (a) Tank standards at 310 CMR 80.17(1);(b) Registration requirements at 310 CMR 80.23(1);(c) Response to a Release requirements at 310 CMR 80.38; and(d) Remove all regulated substance within 72 hours of the introduction of a regulated substance.(e) If the substance contained in the emergency spill or overflow containment UST system is determined to be hazardous waste, the substance shall be subject to 310 CMR 30.000: Hazardous Waste.(13) Owners and Operators of UST systems used to supply regulated substance to emergency engines are subject to all requirements of 310 CMR 80.00, except the Inventory Monitoring requirements at 310 CMR 80.31.Adopted by Mass Register Issue S1277, eff. 1/2/2015.Amended by Mass Register Issue 1286, eff. 1/2/2015.Amended by Mass Register Issue 1453, eff. 10/1/2021.