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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 15:15:1.2.2.10.12.1.17.1 | 15 | Commerce and Foreign Trade | II | J | 280 | PART 280—FASTENER QUALITY | A | Subpart A—General | § 280.1 Description of rule/Delegation of authority. | NIST | [65 FR 39801, June 28, 2000] | (a) Description of rule. The Fastener Quality Act (the Act) (15 U.S.C. 5401 et seq., as amended by Public Law 104-113, Public Law 105-234, and Public Law 106-34): (1) Protects against the sale of mismarked, misrepresented, and counterfeit fasteners; and (2) Eliminates unnecessary requirements. (b) Delegations of authority. The Director, National Institute of Standards and Technology has authority to promulgate regulations in this part regarding certification and accreditation. The Secretary of Commerce has delegated concurrent authority to amend the regulations regarding enforcement of the Act, as contained in subpart C of this part, to the Under Secretary for Export Administration. The Secretary of Commerce has also delegated concurrent authority to amend the regulations regarding record of insignia, as contained in subpart D of this part, to the Under Secretary for Intellectual Property and Director of the United States Patent and Trademark Office. | |||
| 15:15:1.2.2.10.12.1.17.2 | 15 | Commerce and Foreign Trade | II | J | 280 | PART 280—FASTENER QUALITY | A | Subpart A—General | § 280.2 Definitions used in this subpart. | NIST | [61 FR 50558, Sept. 26, 1996. Redesignated and amended at 65 FR 39801, June 28, 2000] | In addition to the definitions provided in 15 U.S.C. 5402, the following definitions are applicable to this part: Abandonment of the Application. The application for registration of a trademark on the Principal Register is no longer pending at the United States Patent and Trademark Office. Act. The Fastener Quality Act (15 U.S.C. 5401 et seq., as amended by Pub. L. 104-113, Pub. L. 105-234, and Public Law 106-34). Administrative law judge (ALJ). The person authorized to conduct hearings in administrative enforcement proceedings brought under the Act. Assistant Secretary. The Assistant Secretary for Export Enforcement, Bureau of Export Administration. Department. The United States Department of Commerce, specifically, the Bureau of Export Administration, NIST and the Patent and Trademark Office. Director, NIST. The Director of the National Institute of Standards and Technology. Director, USPTO. The Under Secretary for Intellectual Property and Director of the United States Patent and Trademark Office. Fastener Insignia Register. The register of recorded fastener insignias maintained by the Director. Final decision. A decision or order assessing a civil penalty or otherwise disposing of or dismissing a case, which is not subject to further review under this part, but which is subject to collection proceedings or judicial review in an appropriate Federal district court as authorized by law. Initial decision. A decision of the administrative law judge which is subject to review by the Under Secretary for Export Administration, but which becomes the final decision of the Department in the absence of such an appeal. Party. The Department and any person named as a respondent under this part. Principal Register. The register of trademarks established under 15 U.S.C. 1051. Respondent. Any person named as the subject of a charging letter, proposed charging letter, or other order proposed or issued under this part. Revisions includes changes made to existing ISO/IEC Guides or other documents, a… | |||
| 15:15:1.2.2.10.12.2.17.1 | 15 | Commerce and Foreign Trade | II | J | 280 | PART 280—FASTENER QUALITY | B | Subpart B—Petitions, Affirmations, and Laboratory Accreditation | § 280.101 Petitions for approval of documents. | NIST | (a) Certification. (1) A person publishing a document setting forth guidance or requirements for the certification of manufacturing systems as fastener quality assurance systems by an accredited third party may petition the Director, NIST, to approve such document for use as described in section 3(7)(B)(iii)(I) of the Act (15 U.S.C. 5402(7)(B)(iii)(I)). (2) Petitions should be submitted to: FQA Document Certification, NIST, 100 Bureau Drive, Gaithersburg, MD 20899. (3) The Director, NIST, shall approve such petition if the document provides equal or greater rigor and reliability as compared to ISO/IEC Guide 62, including revisions from time to time. A petition shall contain sufficient information to allow the Director, NIST, to make this determination. (b) Accreditation. (1) A person publishing a document setting forth guidance or requirements for the approval of accreditation bodies to accredit third parties described in paragraph (a) of this section may petition the Director, NIST, to approve such document for use as described in section 3(7)(B)(iii)(I) of the Act (15 U.S.C. 5402(7)(B)(iii)(I)). (2) Petitions should be submitted to: FQA Document Certifications, NIST, 100 Bureau Drive, Gaithersburg, MD 20899. (3) The Director, NIST, shall approve such petition if the document provides equal or greater rigor and reliability as compared to ISO/IEC Guide 61, including revisions from time to time. A petition shall contain sufficient information to allow the Director, NIST, to make this determination. (c) Laboratory accreditation. (1) A person publishing a document setting forth guidance or requirements for the accreditation of laboratories may petition the Director, NIST, to approve such document for use as described in section 3(1)(A) of the Act (15 U.S.C. 5402(1)(A)). (2) Petitions should be submitted to: FQA Document Certifications, NIST, 100 Bureau Drive, Gaithersburg, MD 20899. (3) The Director, NIST, shall approve such petition if the document provides equal or greater rigor and reliability as co… | ||||
| 15:15:1.2.2.10.12.2.17.2 | 15 | Commerce and Foreign Trade | II | J | 280 | PART 280—FASTENER QUALITY | B | Subpart B—Petitions, Affirmations, and Laboratory Accreditation | § 280.102 Affirmations. | NIST | (a)(1) An accreditation body accrediting third parties who certify manufacturing systems as fastener quality assurance systems as described in section 3(7)(B)(iii)(I) of the Act (15 U.S.C. 5402(7)(B)(iii)(I)) shall affirm to the Director, NIST, that it meets the requirements of ISO/IEC Guide 61 (or another document approved by the Director, NIST, under section 10(b) of the Act (15 U.S.C. 5411a(b)) and § 280.101(a) of this part), including revisions from time to time. (2) An accreditation body accrediting laboratories as described in section 3(1)(B) of the Act (15 U.S.C. 5402(1)(B)) shall affirm to the Director, NIST, that it meets the requirements of ISO/IEC Guide 58 (or another document approved by the Director, NIST, under section 10(d) of the Act (15 U.S.C. 5411a(d)) and § 280.101(d) of this part), including revisions from time to time. (b) An affirmation required under paragraph (a)(1) or (a)(2) of this section shall take the form of a self-declaration that the accreditation body meets the requirements of the applicable Guide, signed by an authorized representative of the accreditation body. No supporting documentation is required. (c) Affirmations should be submitted to: FQA Document Certifications, NIST, 100 Bureau Drive, Gaithersburg, MD 20899. (d) Any affirmation submitted in accordance with this section shall be considered to be a continuous affirmation that the accreditation body meets the requirements of the applicable Guide, unless and until the affirmation is withdrawn by the accreditation body. | ||||
| 15:15:1.2.2.10.12.2.17.3 | 15 | Commerce and Foreign Trade | II | J | 280 | PART 280—FASTENER QUALITY | B | Subpart B—Petitions, Affirmations, and Laboratory Accreditation | § 280.103 Laboratory accreditation. | NIST | A laboratory may be accredited by any laboratory accreditation program that may be established by any entity or entities, which have affirmed to the Director, NIST, under § 280.102 of this subpart, or by the National Voluntary Laboratory Accreditation Program for fasteners, established by the Director, NIST, under part 285 of this chapter. | ||||
| 15:15:1.2.2.10.12.3.17.1 | 15 | Commerce and Foreign Trade | II | J | 280 | PART 280—FASTENER QUALITY | C | Subpart C—Enforcement | § 280.200 Scope. | NIST | [65 FR 39802, June 28, 2000] | Section 280.201 of this part specifies that failure to take any action required by or taking any action prohibited by this part constitutes a violation of this part. Section 280.202 describes the penalties that may be imposed for violations of this part. Sections 280.204 through 280.222 establish the procedures for imposing administrative penalties for violations of this part. | |||
| 15:15:1.2.2.10.12.3.17.10 | 15 | Commerce and Foreign Trade | II | J | 280 | PART 280—FASTENER QUALITY | C | Subpart C—Enforcement | § 280.209 Summary decision. | NIST | At any time after a proceeding has been initiated, a party may move for a summary decision disposing of some or all of the issues. The administrative law judge may render an initial decision and issue an order if the entire record shows, as to the issue(s) under consideration: (a) That there is no genuine issue as to any material fact; and (b) That the moving party is entitled to a summary decision as a matter of law. | ||||
| 15:15:1.2.2.10.12.3.17.11 | 15 | Commerce and Foreign Trade | II | J | 280 | PART 280—FASTENER QUALITY | C | Subpart C—Enforcement | § 280.210 Discovery. | NIST | [61 FR 50558, Sept. 26, 1996. Redesignated and amended at 65 FR 39802, June 28, 2000] | (a) General. The parties are encouraged to engage in voluntary discovery regarding any matter, not privileged, which is relevant to the subject matter of the pending proceeding. The provisions of the Federal Rules of Civil Procedure relating to discovery apply to the extent consistent with this part and except as otherwise provided by the administrative law judge or by waiver or agreement of the parties. The administrative law judge may make any order which justice requires to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense. These orders may include limitations on the scope, method, time and place of discovery, and provisions for protecting the confidentiality of classified or otherwise sensitive information. (b) Interrogatories and requests for admission or production of documents. A party may serve on any party interrogatories, requests for admission, or requests for production of documents for inspection and copying, and a party concerned may apply to the administrative law judge for such enforcement or protective order as that party deems warranted with respect to such discovery. The service of a discovery request shall be made at least 20 days before the scheduled date of the hearing unless the administrative law judge specifies a shorter time period. Copies of interrogatories, requests for admission and requests for production of documents and responses thereto shall be served on all parties, and a copy of the certificate of service shall be filed with the administrative law judge. Matters of fact or law of which admission is requested shall be deemed admitted unless, within a period designated in the request (at least 10 days after service, or within such additional time as the administrative law judge may allow), the party to whom the request is directed serves upon the requesting party a sworn statement either denying specifically the matters of which admission is requested or setting forth in detail the reasons why the party to whom the request is dir… | |||
| 15:15:1.2.2.10.12.3.17.12 | 15 | Commerce and Foreign Trade | II | J | 280 | PART 280—FASTENER QUALITY | C | Subpart C—Enforcement | § 280.211 Subpoenas. | NIST | [61 FR 50558, Sept. 26, 1996. Redesignated and amended at 65 FR 39802, June 28, 2000] | (a) Issuance. Upon the application of any party, supported by a satisfactory showing that there is substantial reason to believe that the evidence would not otherwise be available, the administrative law judge may issue subpoenas requiring the attendance and testimony of witnesses and the production of such books, records or other documentary or physical evidence for the purpose of the hearing, as the ALJ deems relevant and material to the proceedings, and reasonable in scope. Witnesses summoned shall be paid the same fees and mileage that are paid to witnesses in the courts of the United States. In case of contempt or refusal to obey a subpoena served upon any person pursuant to this paragraph, the district court of the United States for any district in which such person is found, resides, or transacts business, upon application by the United States and after notice to such person, shall have jurisdiction to issue an order requiring such person to appear and give testimony before the administrative law judge or to appear and produce documents before the administrative law judge, or both, and any failure to obey such order of the court may be punished by such court as contempt thereof. (b) Service. Subpoenas issued by the administrative law judge may be served in any of the methods set forth in § 280.206(b) of this part. (c) Timing. Applications for subpoenas must be submitted at least 10 days before the scheduled hearing or deposition, unless the administrative law judge determines, for good cause shown, that extraordinary circumstances warrant a shorter time. | |||
| 15:15:1.2.2.10.12.3.17.13 | 15 | Commerce and Foreign Trade | II | J | 280 | PART 280—FASTENER QUALITY | C | Subpart C—Enforcement | § 280.212 Matter protected against disclosure. | NIST | (a) Protective measures. The administrative law judge may limit discovery or introduction of evidence or issue such protective or other orders as in the ALJ's judgment may be needed to prevent undue disclosure of classified or sensitive documents or information. Where the administrative law judge determines that documents containing the classified or sensitive matter need to be made available to a party to avoid prejudice, the ALJ may direct that an unclassified and/or nonsensitive summary or extract of the documents be prepared. The administrative law judge may compare the extract or summary with the original to ensure that it is supported by the source document and that it omits only so much as must remain undisclosed. The summary or extract may be admitted as evidence in the record. (b) Arrangements for access. If the administrative law judge determines that this procedure is unsatisfactory and that classified or otherwise sensitive matter must form part of the record in order to avoid prejudice to a party, the administrative law judge may provide the parties an opportunity to make arrangements that permit a party or a representative to have access to such matter without compromising sensitive information. Such arrangements may include obtaining security clearances or giving counsel for a party access to sensitive information and documents subject to assurances against further disclosure, including a protective order, if necessary. | ||||
| 15:15:1.2.2.10.12.3.17.14 | 15 | Commerce and Foreign Trade | II | J | 280 | PART 280—FASTENER QUALITY | C | Subpart C—Enforcement | § 280.213 Prehearing conference. | NIST | (a) The administrative law judge, on his or her own motion or on request of a party, may direct the parties to participate in a prehearing conference, either in person or by telephone, to consider: (1) Simplification of issues; (2) The necessity or desirability of amendments to pleadings; (3) Obtaining stipulations of fact and of documents to avoid unnecessary proof; or (4) Such other matters as may expedite the disposition of the proceedings. (b) The administrative law judge may order the conference proceedings to be recorded electronically or taken by a reporter, transcribed and filed with the ALJ. (c) If a prehearing conference is impracticable, the administrative law judge may direct the parties to correspond with the ALJ to achieve the purposes of such a conference. (d) The administrative law judge will prepare a summary of any actions agreed on or taken pursuant to this section. The summary will include any written stipulations or agreements made by the parties. | ||||
| 15:15:1.2.2.10.12.3.17.15 | 15 | Commerce and Foreign Trade | II | J | 280 | PART 280—FASTENER QUALITY | C | Subpart C—Enforcement | § 280.214 Hearings. | NIST | [61 FR 50558, Sept. 26, 1996. Redesignated and amended at 65 FR 39802, June 28, 2000] | (a) Scheduling. The administrative law judge, by agreement with the parties or upon notice to all parties of not less than 30 days, will schedule a hearing. All hearings will be held in Washington, DC., unless the administrative law judge determines, for good cause shown, that another location would better serve the interests of justice. (b) Hearing procedure. Hearings will be conducted in a fair and impartial manner by the administrative law judge, who may limit attendance at any hearing or portion thereof to the parties, their representatives and witnesses if the administrative law judge deems this necessary or advisable in order to protect sensitive matter (see § 280.212 of this part) from improper disclosure. The rules of evidence prevailing in courts of law do not apply, and all evidentiary material deemed by the administrative law judge to be relevant and material to the proceeding and not unduly repetitious will be received and given appropriate weight. (c) Testimony and record. Witnesses will testify under oath or affirmation. A verbatim record of the hearing and of any other oral proceedings will be taken by reporter or by electronic recording, transcribed and filed with the administrative law judge. A respondent may examine the transcript and may obtain a copy by paying any applicable costs. Upon such terms as the administrative law judge deems just, the ALJ may direct that the testimony of any person be taken by deposition and may admit an affidavit or declaration as evidence, provided that any affidavits or declarations have been filed and served on the parties sufficiently in advance of the hearing to permit a party to file and serve an objection thereto on the grounds that it is necessary that the affiant or declarant testify at the hearing and be subject to cross-examination. (d) Failure to appear. If a party fails to appear in person or by counsel at a scheduled hearing, the hearing may nevertheless proceed, and that party's failure to appear will not affect the validity of the hearing … | |||
| 15:15:1.2.2.10.12.3.17.16 | 15 | Commerce and Foreign Trade | II | J | 280 | PART 280—FASTENER QUALITY | C | Subpart C—Enforcement | § 280.215 Interlocutory review of rulings. | NIST | (a) At the request of a party, or on the administrative law judge's own initiative, the administrative law judge may certify to the Under Secretary for review a ruling that does not finally dispose of a proceeding, if the administrative law judge determines that immediate review may hasten or facilitate the final disposition of the matter. (b) Upon certification to the Under Secretary of the interlocutory ruling for review, the parties will have 10 days to file and serve briefs stating their positions, and five days to file and serve replies, following which the Under Secretary will decide the matter promptly. | ||||
| 15:15:1.2.2.10.12.3.17.17 | 15 | Commerce and Foreign Trade | II | J | 280 | PART 280—FASTENER QUALITY | C | Subpart C—Enforcement | § 280.216 Proceeding without a hearing. | NIST | If the parties have waived a hearing, the case will be decided on the record by the administrative law judge. Proceeding without a hearing does not relieve the parties from the necessity of proving the facts supporting their charges or defenses. Affidavits or declarations, depositions, admissions, answers to interrogatories and stipulations may supplement other documentary evidence in the record. The administrative law judge will give each party reasonable opportunity to file rebuttal evidence. | ||||
| 15:15:1.2.2.10.12.3.17.18 | 15 | Commerce and Foreign Trade | II | J | 280 | PART 280—FASTENER QUALITY | C | Subpart C—Enforcement | § 280.217 Procedural stipulations; extension of time. | NIST | (a) Procedural stipulations. Unless otherwise ordered, a written stipulation agreed to by all parties and filed with the administrative law judge will modify any procedures established by this part. (b) Extension of time. (1) The parties may extend any applicable time limitation, by stipulation filed with the administrative law judge before the time limitation expires. (2) The administrative law judge may, on the judge's own initiative or upon application by any party, either before or after the expiration of any applicable time limitation, extend the time within which to file and serve an answer to a charging letter or do any other act required by this part. | ||||
| 15:15:1.2.2.10.12.3.17.19 | 15 | Commerce and Foreign Trade | II | J | 280 | PART 280—FASTENER QUALITY | C | Subpart C—Enforcement | § 280.218 Decision of the administrative law judge. | NIST | [61 FR 50558, Sept. 26, 1996. Redesignated and amended at 65 FR 39802, 39803, June 28, 2000] | (a) Predecisional matters. Except for default proceedings under § 280.208 of this part, the administrative law judge will give the parties reasonable opportunity to submit the following, which will be made a part of the record: (1) Exceptions to any ruling by the judge or to the admissibility of evidence proffered at the hearing; (2) Proposed findings of fact and conclusions of law; (3) Supporting legal arguments for the exceptions and proposed findings and conclusions submitted; and (4) A proposed order. (b) Decision and order. After considering the entire record in the proceeding, the administrative law judge will issue a written initial decision. The decision will include findings of fact, conclusions of law, and findings as to whether there has been a violation of the Act, this part, or any order issued thereunder. If the administrative law judge finds that the evidence of record is insufficient to sustain a finding that a violation has occurred with respect to one or more charges, the ALJ shall order dismissal of the charges in whole or in part, as appropriate. If the administrative law judge finds that one or more violations have been committed, the ALJ may issue an order imposing administrative sanctions, as provided in this part. The decision and order shall be served on each party, and shall become effective as the final decision of the Department 30 days after service, unless an appeal is filed in accordance with § 280.222 of this part. In determining the amount of any civil penalty the ALJ shall consider the nature, circumstances and gravity of the violation and, with respect to the person found to have committed the violation, the degree of culpability, any history of prior violations, the effect on ability to continue to do business, any good faith attempt to achieve compliance, ability to pay the penalty, and such other matters as justice may require. (c) Suspension of sanctions. Any order imposing administrative sanctions may provide for the suspension of the sanction imposed, in whole … | |||
| 15:15:1.2.2.10.12.3.17.2 | 15 | Commerce and Foreign Trade | II | J | 280 | PART 280—FASTENER QUALITY | C | Subpart C—Enforcement | § 280.201 Violations. | NIST | [61 FR 50558, Sept. 26, 1996, as amended at 63 FR 18275, Apr. 14, 1998; 63 FR 34965, June 26, 1998; 63 FR 51526, Sept. 28, 1998. Redesignated and amended at 65 FR 39802, June 28, 2000] | (a) Engaging in prohibited conduct. No person may engage in any conduct prohibited by or contrary to, or refrain from engaging in any action required by the Act, this part, or any order issued thereunder. (b) Sale of fasteners. It shall be unlawful for a manufacturer or distributor, in conjunction with the sale or offer for sale of fasteners from a single lot, to knowingly misrepresent or falsify— (1) The record of conformance for the lot of fasteners; (2) The identification, characteristics, properties, mechanical or performance marks, chemistry, or strength of the lot of fasteners; or (3) The manufacturers' insignia. (c) Manufacturers' insignia. Unless the specifications provide otherwise, fasteners that are required by the applicable consensus standard or standards to bear an insignia identifying their manufacturer shall not be offered for sale or sold in commerce unless (1) The fasteners bear such insignia; and (2) The manufacturer has complied with the insignia recordation requirements established under 15 U.S.C. 5407(b). | |||
| 15:15:1.2.2.10.12.3.17.20 | 15 | Commerce and Foreign Trade | II | J | 280 | PART 280—FASTENER QUALITY | C | Subpart C—Enforcement | § 280.219 Settlement. | NIST | [61 FR 50558, Sept. 26, 1996. Redesignated and amended at 65 FR 39802, 39803, June 28, 2000] | (a) Cases may be settled before service of a charging letter. In cases in which settlement is reached before service of a charging letter, a proposed charging letter will be prepared, and a settlement proposal consisting of a settlement agreement and order will be submitted to the Assistant Secretary for approval and signature. If the Assistant Secretary does not approve the proposal, he/she will notify the parties and the case will proceed as though no settlement proposal had been made. If the Assistant Secretary approves the proposal, he/she will issue an appropriate order, and no action will be required by the administrative law judge. (b) Cases may also be settled after service of a charging letter. (1) If the case is pending before the administrative law judge, the ALJ shall stay the proceedings for a reasonable period of time, usually not to exceed 30 days, upon notification by the parties that they have entered into good faith settlement negotiations. The administrative law judge may, in his/her discretion, grant additional stays. If settlement is reached, a proposal will be submitted to the Assistant Secretary for approval and signature. If the Assistant Secretary approves the proposal, he/she will issue an appropriate order, and notify the administrative law judge that the case is withdrawn from adjudication. If the Assistant Secretary does not approve the proposal, he/she will notify the parties and the case will proceed to adjudication by the administrative law judge as though no settlement proposal had been made. (2) If the case is pending before the Under Secretary under § 280.222 of this part, the parties may submit a settlement proposal to the Under Secretary for approval and signature. If the Under Secretary approves the proposal, he/she will issue an appropriate order. If the Under Secretary does not approve the proposal, the case will proceed to final decision in accordance with Section 280.623 of this part, as appropriate. (c) Any order disposing of a case by settlement may suspend the a… | |||
| 15:15:1.2.2.10.12.3.17.21 | 15 | Commerce and Foreign Trade | II | J | 280 | PART 280—FASTENER QUALITY | C | Subpart C—Enforcement | § 280.220 Reopening. | NIST | [61 FR 50558, Sept. 26, 1996. Redesignated and amended at 65 FR 39802, 39803, June 28, 2000] | The respondent may petition the administrative law judge within one year of the date of the final decision, except where the decision arises from a default judgment or from a settlement, to reopen an administrative enforcement proceeding to receive any relevant and material evidence which was unknown or unobtainable at the time the proceeding was held. The petition must include a summary of such evidence, the reasons why it is deemed relevant and material, and the reasons why it could not have been presented at the time the proceedings were held. The administrative law judge will grant or deny the petition after providing other parties reasonable opportunity to comment. If the proceeding is reopened, the administrative law judge may make such arrangements as the ALJ deems appropriate for receiving the new evidence and completing the record. The administrative law judge will then issue a new initial decision and order, and the case will proceed to final decision and order in accordance with § 280.222 of this part. | |||
| 15:15:1.2.2.10.12.3.17.22 | 15 | Commerce and Foreign Trade | II | J | 280 | PART 280—FASTENER QUALITY | C | Subpart C—Enforcement | § 280.221 Record for decision and availability of documents. | NIST | [61 FR 50558, Sept. 26, 1996. Redesignated and amended at 65 FR 39802, 39803, June 28, 2000] | (a) General. The transcript of hearings, exhibits, rulings, orders, all papers and requests filed in the proceedings and, for purposes of any appeal under § 280.222 of this part, the decision of the administrative law judge and such submissions as are provided for by § 280.623 of this part, will constitute the record and the exclusive basis for decision. When a case is settled after the service of a charging letter, the record will consist of any and all of the foregoing, as well as the settlement agreement and the order. When a case is settled before service of a charging letter, the record will consist of the proposed charging letter, the settlement agreement and the order. (b) Restricted access. On the administrative law judge's own motion, or on the motion of any party, the administrative law judge may direct that there be a restricted access portion of the record for any material in the record to which public access is restricted by law or by the terms of a protective order entered in the proceedings. A party seeking to restrict access to any portion of the record is responsible for submitting, at the time specified in paragraph (c)(2) of this section, a version of the document proposed for public availability that reflects the requested deletion. The restricted access portion of the record will be placed in a separate file and the file will be clearly marked to avoid improper disclosure and to identify it as a portion of the official record in the proceedings. The administrative law judge may act at any time to permit material that becomes declassified or unrestricted through passage of time to be transferred to the unrestricted access portion of the record. (c) Availability of documents —(1) Scope. All charging letters, answers, initial decisions, and orders disposing of a case will be made available for public inspection in the BXA Freedom of Information Records Inspection Facility, U.S. Department of Commerce, Room H-6624, 14th Street and Pennsylvania Avenue, NW, Washington, DC 20230. The comple… | |||
| 15:15:1.2.2.10.12.3.17.23 | 15 | Commerce and Foreign Trade | II | J | 280 | PART 280—FASTENER QUALITY | C | Subpart C—Enforcement | § 280.222 Appeals. | NIST | [61 FR 50558, Sept. 26, 1996. Redesignated and amended at 65 FR 39802, June 28, 2000] | (a) Grounds. A party may appeal to the Under Secretary from an order disposing of a proceeding or an order denying a petition to set aside a default or a petition for reopening, on the grounds: (1) That a necessary finding of fact is omitted, erroneous or unsupported by substantial evidence of record; (2) That a necessary legal conclusion or finding is contrary to law; (3) That prejudicial procedural error occurred; or (4) That the decision or the extent of sanctions is arbitrary, capricious or an abuse of discretion. The appeal must specify the grounds on which the appeal is based and the provisions of the order from which the appeal is taken. (b) Filing of appeal. An appeal from an order must be filed with the Office of the Under Secretary for Export Administration, Bureau of Export Administration, U.S. Department of Commerce, Room H-3898, 14th Street and Constitution Avenue, NW., Washington, DC 20230, within 30 days after service of the order appealed from. If the Under Secretary cannot act on an appeal for any reason, the Under Secretary will designate another Department of Commerce official to receive and act on the appeal. (c) Effect of appeal. The filing of an appeal shall not stay the operation of any order, unless the order by its express terms so provides or unless the Under Secretary, upon application by a party and with opportunity for response, grants a stay. (d) Appeal procedure. The Under Secretary normally will not hold hearings or entertain oral argument on appeals. A full written statement in support of the appeal must be filed with the appeal and be simultaneously served on all parties, who shall have 30 days from service to file a reply. At his/her discretion, the Under Secretary may accept new submissions, but will not ordinarily accept those submissions filed more than 30 days after the filing of the reply to the appellant's first submission. (e) Decisions. The decision will be in writing and will be accompanied by an order signed by the Under Secretary giving effect to the… | |||
| 15:15:1.2.2.10.12.3.17.3 | 15 | Commerce and Foreign Trade | II | J | 280 | PART 280—FASTENER QUALITY | C | Subpart C—Enforcement | § 280.202 Penalties, remedies, and sanctions. | NIST | (a) Civil remedies. The Attorney General may bring an action in an appropriate United States district court for declaratory and injunctive relief against any person who violates the Act or any regulation issued thereunder. Such action may not be brought more than 10 years after the cause of action accrues. (b) Civil penalties. Any person who is determined, after notice and opportunity for a hearing, to have violated the Act or any regulation issued thereunder shall be liable to the United States for a civil penalty of not more than $25,000 for each violation. (c) Criminal penalties. (1) Whoever knowingly certifies, marks, offers for sale, or sells a fastener in violation of the Act or a regulation issued thereunder shall be fined under title 18, United States Code, or imprisoned not more than 5 years, or both. (2) Whoever intentionally fails to maintain records relating to a fastener in violation of the Act or a regulation issued thereunder shall be fined under title 18, United States Code, or imprisoned not more than five years or both. (3) Whoever negligently fails to maintain records relating to a fastener in violation of the Act or a regulation issued thereunder shall be fined under title 18, United States Code, or imprisoned not more than two years or both. | ||||
| 15:15:1.2.2.10.12.3.17.4 | 15 | Commerce and Foreign Trade | II | J | 280 | PART 280—FASTENER QUALITY | C | Subpart C—Enforcement | § 280.203 Administrative enforcement proceedings. | NIST | [65 FR 39802, June 28, 2000] | Sections 280.204 through 280.222 set forth the procedures for imposing administrative penalties for violations of the Act and this part. | |||
| 15:15:1.2.2.10.12.3.17.5 | 15 | Commerce and Foreign Trade | II | J | 280 | PART 280—FASTENER QUALITY | C | Subpart C—Enforcement | § 280.204 Institution of administrative enforcement proceedings. | NIST | [61 FR 50558, Sept. 26, 1996. Redesignated and amended at 65 FR 39802, June 28, 2000] | (a) Charging letters. The Director of the Office of Export Enforcement (OEE) may begin administrative enforcement proceedings under this part by issuing a charging letter. The charging letter shall constitute the formal complaint and will state that there is reason to believe that a violation of this part has occurred. It will set forth the essential facts about each alleged violation, refer to the specific regulatory or other provisions involved, and give notice of the sanctions available under the Act and this part. The charging letter will inform the respondent that failure to answer the charges as provided in § 280.207 of this part will be treated as a default under § 280.208 of this part, that the respondent is entitled to a hearing if a written demand for one is requested with the answer, and that the respondent may be represented by counsel, or by other authorized representative. A copy of the charging letter shall be filed with the administrative law judge, which filing shall toll the running of the applicable statute of limitations. Charging letters may be amended or supplemented at any time before an answer is filed, or, with permission of the administrative law judge, afterwards. The Department may unilaterally withdraw charging letters at any time, by notifying the respondent and the administrative law judge. (b) Notice of issuance of charging letter instituting administrative enforcement proceeding. A respondent shall be notified of the issuance of a charging letter, or any amendment or supplement thereto: (1) By mailing a copy by registered or certified mail addressed to the respondent at the respondent's last known address; (2) By leaving a copy with the respondent or with an officer, a managing or general agent, or any other agent authorized by appointment or by law to receive service of process for the respondent; or (3) By leaving a copy with a person of suitable age and discretion who resides at the respondent's last known dwelling. (4) Delivery of a copy of the charging letter, if mad… | |||
| 15:15:1.2.2.10.12.3.17.6 | 15 | Commerce and Foreign Trade | II | J | 280 | PART 280—FASTENER QUALITY | C | Subpart C—Enforcement | § 280.205 Representation. | NIST | A respondent individual may appear and participate in person, a corporation by a duly authorized officer or employee, and a partnership by a partner. If a respondent is represented by counsel, counsel shall be a member in good standing of the bar of any State, Commonwealth or Territory of the United States, or of the District of Columbia, or be licensed to practice law in the country in which counsel resides if not the United States. A respondent personally, or through counsel or other representative who has the power of attorney to represent the respondent, shall file a notice of appearance with the administrative law judge. The Department will be represented by the Office of Chief Counsel for Export Administration, U.S. Department of Commerce. | ||||
| 15:15:1.2.2.10.12.3.17.7 | 15 | Commerce and Foreign Trade | II | J | 280 | PART 280—FASTENER QUALITY | C | Subpart C—Enforcement | § 280.206 Filing and service of papers other than charging letter. | NIST | (a) Filing. All papers to be filed shall be addressed to “FQA Administrative Enforcement Proceedings,” at the address set forth in the charging letter, or such other place as the administrative law judge may designate. Filing by United States mail, first class postage prepaid, by express or equivalent parcel delivery service, or by hand delivery, is acceptable. Filing by mail from a foreign country shall be by airmail. In addition, the administrative law judge may authorize filing of papers by facsimile or other electronic means, provided that a hard copy of any such paper is subsequently filed. A copy of each paper filed shall be simultaneously served on each party. (b) Service. Service shall be made by personal delivery or by mailing one copy of each paper to each party in the proceeding. Service by delivery service or facsimile, in the manner set forth in paragraph (a) of this section, is acceptable. Service on the Department shall be addressed to the Chief Counsel for Export Administration, Room H-3839, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230. Service on a respondent shall be to the address to which the charging letter was sent or to such other address as respondent may provide. When a party has appeared by counsel or other representative, service on counsel or other representative shall constitute service on that party. (c) Date. The date of filing or service is the day when the papers are deposited in the mail or are delivered in person, by delivery service, or by facsimile. (d) Certificate of service. A certificate of service signed by the party making service, stating the date and manner of service, shall accompany every paper, other than the charging letter, filed and served on parties. (e) Computing period of time. In computing any period of time prescribed or allowed by this part or by order of the administrative law judge or the Under Secretary, the day of the act, event, or default from which the designated period of time begins to run… | ||||
| 15:15:1.2.2.10.12.3.17.8 | 15 | Commerce and Foreign Trade | II | J | 280 | PART 280—FASTENER QUALITY | C | Subpart C—Enforcement | § 280.207 Answer and demand for hearing. | NIST | [61 FR 50558, Sept. 26, 1996. Redesignated and amended at 65 FR 39802, June 28, 2000] | (a) When to answer. The respondent must answer the charging letter within 30 days after being served with notice of the issuance of a charging letter instituting an administrative enforcement proceeding, or within 30 days of notice of any supplement or amendment to a charging letter, unless time is extended under § 280.217 of this part. (b) Contents of answer. The answer must be responsive to the charging letter and must fully set forth the nature of the respondent's defense or defenses. The answer must admit or deny specifically each separate allegation of the charging letter; if the respondent is without knowledge, the answer must so state and will operate as a denial. Failure to deny or controvert a particular allegation will be deemed an admission of that allegation. The answer must also set forth any additional or new matter the respondent believes supports a defense or claim of mitigation. Any defense or partial defense not specifically set forth in the answer shall be deemed waived, and evidence thereon may be refused, except for good cause shown. (c) Demand for hearing. If the respondent desires a hearing, a written demand for one must be submitted with the answer. Any demand by the Department for a hearing must be filed with the administrative law judge within 30 days after service of the answer. Failure to make a timely written demand for a hearing shall be deemed a waiver of the party's right to a hearing, except for good cause shown. If no party demands a hearing, the matter will go forward in accordance with the procedures set forth in § 280.216 of this part. (d) English language required. The answer, all other papers, and all documentary evidence must be submitted in English, or translations into English must be filed and served at the same time. | |||
| 15:15:1.2.2.10.12.3.17.9 | 15 | Commerce and Foreign Trade | II | J | 280 | PART 280—FASTENER QUALITY | C | Subpart C—Enforcement | § 280.208 Default. | NIST | [61 FR 50558, Sept. 26, 1996. Redesignated and amended at 65 FR 39802, 39803, June 28, 2000] | (a) General. Failure of the respondent to file an answer within the time provided constitutes a waiver of the respondent's right to appear and contest the allegations in the charging letter. In such event, the administrative law judge, on the Department's motion and without further notice to the respondent, shall find the facts to be as alleged in the charging letter and render an initial decision containing findings of fact and appropriate conclusions of law and issue an initial decision and order imposing appropriate sanctions. The decision and order may be appealed to the Under Secretary in accordance with the applicable procedures set forth in § 280.222 of this part. (b) Petition to set aside default —(1) Procedure. Upon petition filed by a respondent against whom a default order has been issued, which petition is accompanied by an answer meeting the requirements of 280.207(b) of this part, the Under Secretary may, after giving all parties an opportunity to comment, and for good cause shown, set aside the default and vacate the order entered thereon and remand the matter to the administrative law judge for further proceedings. (2) Time limits. A petition under this section must be made within one year of the date of entry of the order which the petition seeks to have vacated. | |||
| 15:15:1.2.2.10.12.4.17.1 | 15 | Commerce and Foreign Trade | II | J | 280 | PART 280—FASTENER QUALITY | D | Subpart D—Recordal of Insignia | § 280.300 Recorded insignia required prior to offer for sale. | NIST | [65 FR 39803, June 28, 2000] | Unless the specifications provide otherwise, if a fastener is required by the applicable consensus standard(s) to bear an insignia identifying its manufacturer, the manufacturer must: (a) Record the insignia with the U.S. Patent and Trademark Office prior to any sale or offer for sale of the fastener; and (b) Apply the insignia to any fastener that is sold or offered for sale. The insignia must be readable, and must be applied using the method for applying a permanent insignia that is provided for in the applicable consensus standard(s), or, if the applicable consensus standard(s) do(es) not specify a method for applying a permanent insignia, through any means of imprinting a permanent impression. | |||
| 15:15:1.2.2.10.12.4.17.2 | 15 | Commerce and Foreign Trade | II | J | 280 | PART 280—FASTENER QUALITY | D | Subpart D—Recordal of Insignia | § 280.310 Application for insignia. | NIST | [61 FR 50558, Sept. 26, 1996. Redesignated and amended at 65 FR 39803, June 28, 2000; 70 FR 50181, Aug. 26, 2005; 72 FR 30704, June 4, 2007] | (a) Each manufacturer must submit a written application for recordal of an insignia on the Fastener Insignia Register along with the prescribed fee. The application must be in a form prescribed by the Director, USPTO. (b) The written application must be in the English language and must include the following: (1) The name of the manufacturer; (2) The address of the manufacturer; (3) The entity, domicile, and state of incorporation, if applicable, of the manufacturer; (4) Either: (i) A request for recordal and issuance of a unique alphanumeric designation by the Director, USPTO, or (ii) A request for recordal of a trademark, which is the subject of either a duly filed application or a registration for fasteners in the name of the manufacturer in the U.S. Patent and Trademark Office on the Principal Register, indicating the application serial number or registration number and accompanied by a copy of the drawing that was included with the application for trademark registration, or a copy of the registration; (5) A statement that the manufacturer will comply with the applicable provisions of the Fastener Quality Act; (6) A statement that the applicant for recordal is a “manufacturer” as that term is defined in 15 U.S.C. 5402; (7) A statement that the person signing the application on behalf of the manufacturer has personal knowledge of the facts relevant to the application and that the person possesses the authority to act on behalf of the manufacturer; (8) A verification stating that the person signing declares under penalty of perjury under the laws of the United States of America that the information and statements included in the application are true and correct; and (9) The application fee. (c) A manufacturer may designate only one trademark for recordal on the Fastener Insignia Register in a single application. The trademark application or registration that forms the basis for the fastener recordal must be in active status, that is, a pending application or a registration which is not expired, or c… | |||
| 15:15:1.2.2.10.12.4.17.3 | 15 | Commerce and Foreign Trade | II | J | 280 | PART 280—FASTENER QUALITY | D | Subpart D—Recordal of Insignia | § 280.311 Review of the application. | NIST | [65 FR 39803, June 28, 2000] | The Director, USPTO, will review the application for compliance with § 280.310. If the application does not contain one or more of the elements required by § 280.310, the Director, USPTO, will not issue a certificate of recordal, and will return the papers and fees. The Director, USPTO, will notify the applicant for recordal of any defect in the application. Applications for recordal of an insignia may be re-submitted to the Director, USPTO, at any time. | |||
| 15:15:1.2.2.10.12.4.17.4 | 15 | Commerce and Foreign Trade | II | J | 280 | PART 280—FASTENER QUALITY | D | Subpart D—Recordal of Insignia | § 280.312 Certificate of recordal. | NIST | [65 FR 39803, June 28, 2000] | (a) If the application complies with the requirements of § 280.310, the Director, USPTO, shall accept the application and issue a certificate of recordal. Such certificate shall be issued in the name of the United States of America, under the seal of the United States Patent and Trademark Office, and a record shall be kept in the United States Patent and Trademark Office. The certificate of recordal shall display the recorded insignia of the manufacturer, and state the name, address, legal entity and domicile of the manufacturer, as well as the date of issuance of such certificate. (b) Certificates that were issued prior to June 8, 1999, shall remain in active status and may be maintained in accordance with the provisions of § 280.320 of this subpart, but only if: (1) The certificate is held by a manufacturer, and (2) The fasteners associated with the certificate are fasteners that must bear an insignia pursuant to 15 U.S.C. 5407. | |||
| 15:15:1.2.2.10.12.4.17.5 | 15 | Commerce and Foreign Trade | II | J | 280 | PART 280—FASTENER QUALITY | D | Subpart D—Recordal of Insignia | § 280.313 Recordal of additional insignia. | NIST | [61 FR 50558, Sept. 26, 1996. Redesignated and amended at 65 FR 39803, June 28, 2000] | (a) A manufacturer to whom the Director, USPTO, has issued an alphanumeric designation may apply for recordal of its trademark for fasteners if the trademark is the subject of a duly filed application or is registered in the United States Patent and Trademark Office on the Principal Register. Upon recordal, either the alphanumeric designation or the trademark, or both, may be used as recorded insignias. (b) A manufacturer for whom the Director, USPTO, has recorded a trademark as its fastener insignia may apply for issuance and recordal of an alphanumeric designation as a fastener insignia. Upon recordal, either the alphanumeric designation or the trademark, or both, may be used as recorded insignias. | |||
| 15:15:1.2.2.10.12.4.18.10 | 15 | Commerce and Foreign Trade | II | J | 280 | PART 280—FASTENER QUALITY | D | Subpart D—Recordal of Insignia | § 280.324 Change in status of trademark registration or amendment of the trademark. | NIST | [61 FR 50558, Sept. 26, 1996. Redesignated and amended at 65 FR 39803, 39804, June 28, 2000] | (a) The Director, USPTO, shall designate the certificate of recordal as inactive, upon: (1) Issuance of a final decision on appeal which refuses registration of the application which formed the basis for the certificate of recordal; (2) Abandonment of the application which formed the basis for the certificate of recordal; (3) Cancellation or expiration of the trademark registration which formed the basis of the certificate of recordal; or (4) An amendment of the mark in a trademark application or registration that forms the basis for a certificate of recordal. The certificate of recordal shall become inactive as of the date the amendment is filed. A new application for recordal of the amended trademark application or registration may be submitted to the Commissioner at any time. (b) Certificates of recordal designated inactive due to cancellation, expiration, or amendment of the trademark registration, or abandonment or amendment of the trademark application, cannot be reactivated. | |||
| 15:15:1.2.2.10.12.4.18.11 | 15 | Commerce and Foreign Trade | II | J | 280 | PART 280—FASTENER QUALITY | D | Subpart D—Recordal of Insignia | § 280.325 Cumulative listing of recordal information. | NIST | [65 FR 39804, June 28, 2000] | The Director, USPTO, shall maintain a record of the names, current addresses, and legal entities of all recorded manufacturers and their recorded insignia. | |||
| 15:15:1.2.2.10.12.4.18.12 | 15 | Commerce and Foreign Trade | II | J | 280 | PART 280—FASTENER QUALITY | D | Subpart D—Recordal of Insignia | § 280.326 Records and files of the United States Patent and Trademark Office. | NIST | [61 FR 50558, Sept. 26, 1996. Redesignated and amended at 65 FR 39803, 39804, June 28, 2000] | The records relating to fastener insignia shall be open to public inspection. Copies of any such records may be obtained upon request and payment of the fee set by the Director, USPTO. | |||
| 15:15:1.2.2.10.12.4.18.6 | 15 | Commerce and Foreign Trade | II | J | 280 | PART 280—FASTENER QUALITY | D | Subpart D—Recordal of Insignia | § 280.320 Maintenance of the certificate of recordal. | NIST | [61 FR 50558, Sept. 26, 1996. Redesignated and amended at 65 FR 39803, 39804, June 28, 2000] | (a) Certificates of recordal remain in an active status for five years and may be maintained in an active status for subsequent five-year periods running consecutively from the date of issuance of the certificate of recordal upon compliance with the requirements of paragraph (c) of this section. (b) Maintenance applications shall be required only if the holder of the certificate of recordal is a manufacturer at the time the maintenance application is required. (c) Certificates of recordal will be designated as inactive unless, within six months prior to the expiration of each five-year period running consecutively from the date of issuance, the certificate holder files the prescribed maintenance fee and the maintenance application. The maintenance application must be in the English language and must include the following: (1) The name of the manufacturer; (2) The address of the manufacturer; (3) The entity, domicile, and state of incorporation, if applicable, of the manufacturer; (4) A copy of manufacturer's certificate of recordal; (5) A statement that the manufacturer will comply with the applicable provisions of the Fastener Quality Act; (6) A statement that the applicant for recordal is a “manufacturer” as that term is defined in 15 U.S.C. 5402; (7) A statement that the person signing the application on behalf of the manufacturer has knowledge of the facts relevant to the application and that the person possesses the authority to act on behalf of the manufacturer; (8) A verification stating that the person signing declares under penalty of perjury under the laws of the United States of America that the information and statements included in the application are true and correct; and (9) The maintenance application fee. (d) Where no maintenance application is timely filed, a certificate of recordal will be designated inactive. However, such certificate may be designated active if the certificate holder files the prescribed maintenance fee and application and the additional surcharge within six month… | |||
| 15:15:1.2.2.10.12.4.18.7 | 15 | Commerce and Foreign Trade | II | J | 280 | PART 280—FASTENER QUALITY | D | Subpart D—Recordal of Insignia | § 280.321 Notification of changes of address. | NIST | [61 FR 50558, Sept. 26, 1996. Redesignated and amended at 65 FR 39803, 39804, June 28, 2000] | The applicant for recordal or the holder of a certificate of recordal shall notify the Director, USPTO, of any change of address or change of name no later than six months after the change. The holder must do so whether the certificate of recordal is in an active or inactive status. | |||
| 15:15:1.2.2.10.12.4.18.8 | 15 | Commerce and Foreign Trade | II | J | 280 | PART 280—FASTENER QUALITY | D | Subpart D—Recordal of Insignia | § 280.322 Transfer or amendment of the certificate of recordal. | NIST | [61 FR 50558, Sept. 26, 1996. Redesignated at 65 FR 39803, June 28, 2000] | (a) The certificate of recordal cannot be transferred or assigned. (b) The certificate of recordal may be amended only to show a change of name or change of address. | |||
| 15:15:1.2.2.10.12.4.18.9 | 15 | Commerce and Foreign Trade | II | J | 280 | PART 280—FASTENER QUALITY | D | Subpart D—Recordal of Insignia | § 280.323 Transfer or assignment of the trademark registration or recorded insignia. | NIST | [61 FR 50558, Sept. 26, 1996. Redesignated and amended at 65 FR 39803, 39804, June 28, 2000; 72 FR 30704, June 4, 2007] | (a) A trademark application or registration which forms the basis of a fastener recordal may be transferred or assigned. Any transfer or assignment of such an application or registration must be recorded in the United States Patent and Trademark Office within three months of the transfer or assignment. A copy of such transfer or assignment must also be sent to: Director, United States Patent and Trademark Office, ATTN: FQA, 600 Dulany Street, MDE-10A71, Alexandria, VA 22314-5793. (b) Upon transfer or assignment of a trademark application or registration which forms the basis of a certificate of recordal, the Director, USPTO, shall designate the certificate of recordal as inactive. The certificate of recordal shall be deemed inactive as of the effective date of the transfer or assignment. Certificates of recordal designated inactive due to transfer or assignment of a trademark application or registration cannot be reactivated. (c) An assigned trademark application or registration may form the basis for a new application for recordal of a fastener insignia. (d) A fastener insignia consisting of an alphanumeric designation issued by the Director, USPTO, can be transferred or assigned. (e) Upon transfer or assignment of an alphanumeric designation, the Director, USPTO, shall designate such alphanumeric designation as inactive. The alphanumeric designation shall be deemed inactive as of the effective date of the transfer or assignment. Alphanumeric designations which are designated inactive due to transfer or assignment may be reactivated upon application by the assignee of such alphanumeric designation. Such application must meet all the requirements of § 280.310 and must include a copy of the pertinent portions of the document assigning rights in the alphanumeric designation. Such application must be filed within six months of the date of assignment. (f) An alphanumeric designation that is reactivated after it has been transferred or assigned shall remain in active status until the expiration of the five year p… | |||
| 34:34:1.2.2.1.10.1.147.1 | 34 | Education | II | 280 | PART 280—MAGNET SCHOOLS ASSISTANCE PROGRAM | A | Subpart A—General | § 280.1 What is the Magnet Schools Assistance Program? | ED | [51 FR 20414, June 4, 1986, as amended at 60 FR 14865, Mar. 20, 1995; 69 FR 4996, Feb. 2, 2004] | The Magnet Schools Assistance Program provides grants to eligible local educational agencies (LEAs) or consortia of LEAs for use in magnet schools that are part of an approved desegregation plan and that are designed to bring students from different social, economic, ethnic and racial backgrounds together. The purposes of the program are to support, through financial assistance to eligible LEAs or consortia of LEAs— (a) The elimination, reduction, or prevention of minority group isolation in elementary and secondary schools with substantial portions of minority students, which shall include assisting in the efforts of the United States to achieve voluntary desegregation in public schools; (b) The development and implementation of magnet school projects that will assist LEAs in achieving systemic reforms and providing all students the opportunity to meet challenging State academic content standards and student academic achievement standards; (c) The development and design of innovative educational methods and practices that promote diversity and increase choices in public elementary schools and public secondary schools and public educational programs; (d) Courses of instruction within magnet schools that will substantially strengthen the knowledge of academic subjects and the attainment of tangible and marketable vocational, technological, and professional skills of students attending such schools; (e) Improvement of the capacity of LEAs, including through professional development, to continue operating magnet schools at a high performance level after Federal funding for the magnet schools is terminated; and (f) Ensuring that all students enrolled in the magnet school programs have equitable access to high quality education that will enable the students to succeed academically and continue with postsecondary education or productive employment. | ||||
| 34:34:1.2.2.1.10.1.147.2 | 34 | Education | II | 280 | PART 280—MAGNET SCHOOLS ASSISTANCE PROGRAM | A | Subpart A—General | § 280.2 Who is eligible to apply for a grant? | ED | [50 FR 21191, May 22, 1985, as amended at 54 FR 19508, May 5, 1989; 57 FR 61508, Dec. 24, 1992; 60 FR 14865, Mar. 20, 1995; 69 FR 4996, Feb. 2, 2004; 75 FR 9780, Mar. 4, 2010] | (a) An LEA or consortia of LEAs is eligible to receive assistance under this part if the LEA or consortia of LEAs meets any of the following requirements: (1) The LEA or consortia of LEAs is implementing a plan undertaken pursuant to a final order of a court of the United States, or a court of any State, or any other State agency or official of competent jurisdiction, and the order requires the desegregation of minority group segregated children or faculty in the elementary and secondary schools of that agency or those agencies. (2) The LEA or consortia of LEAs adopted and is implementing on either a voluntary basis or as required under title VI of the Civil Rights Act of 1964—or will adopt and implement if assistance is made available under this part—a plan that has been approved by the Secretary as adequate under title VI. (b) The Secretary approves a voluntary plan under paragraph (a)(2) of this section only if he determines that for each magnet school for which funding is sought, the magnet school will reduce, eliminate, or prevent minority group isolation within the period of the grant award, either in the magnet school or in a feeder school, as appropriate. | ||||
| 34:34:1.2.2.1.10.1.147.3 | 34 | Education | II | 280 | PART 280—MAGNET SCHOOLS ASSISTANCE PROGRAM | A | Subpart A—General | § 280.3 What regulations apply to this program? | ED | [50 FR 21191, May 22, 1985, as amended at 54 FR 19508, May 5, 1989; 69 FR 4996, Feb. 2, 2004; 79 FR 76096, Dec. 19, 2014] | The following regulations apply to the Magnet Schools Assistance Program: (a) The Education Department General Administrative Regulations (EDGAR), 34 CFR parts 75 (Direct Grant Programs), 77 (Definitions that Apply to Department Regulations), 79 (Intergovernmental Review of Department of Education Programs and Activities) and 84 (Governmentwide Requirements for Drug-Free Workplace (Financial Assistance)). (b) The regulations in this part. (c) The Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in 2 CFR part 200, as adopted in 2 CFR part 3474 and OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement) in 2 CFR part 180, as adopted in part 3485. | ||||
| 34:34:1.2.2.1.10.1.147.4 | 34 | Education | II | 280 | PART 280—MAGNET SCHOOLS ASSISTANCE PROGRAM | A | Subpart A—General | § 280.4 What definitions apply to this program? | ED | [50 FR 21191, May 22, 1985, as amended at 51 FR 20414, June 4, 1986; 54 FR 19508, 19509, May 5, 1989; 57 FR 61509, Dec. 24, 1992; 60 FR 14865, Mar. 20, 1995; 69 FR 4996, Feb. 2, 2004; 75 FR 9780, Mar. 4, 2010] | (a) Definitions in EDGAR. The following terms used in this part are defined in 34 CFR part 77: Applicant Application Budget EDGAR Elementary school Equipment Facilities Fiscal year Local educational agency Project Secondary school Secretary State Applicant Application Budget EDGAR Elementary school Equipment Facilities Fiscal year Local educational agency Project Secondary school Secretary State (b) Definitions that apply to this program. The following definitions also apply to this part: Act means the Elementary and Secondary Education Act of 1965 as amended by title V, Part C of the No Child Left Behind Act of 2001, Pub. L. 107-110 (20 U.S.C. 7231-7231j). Desegregation, in reference to a plan, means a plan for the reassignment of children or faculty to remedy the illegal separation of minority group children or faculty in the schools of an LEA or a plan for the reduction, elimination, or prevention of minority group isolation in one or more of the schools of an LEA. Feeder school means a school from which students are drawn to attend a magnet school. Magnet school means a public elementary school, public secondary school, public elementary education center, or public secondary education center that offers a special curriculum capable of attracting substantial numbers of students of different racial backgrounds. Minority group means the following: (1) American Indian or Alaskan Native. A person having origins in any of the original peoples of North America, and who maintains cultural identification through tribal affiliation or community recognition. (2) Asian of Pacific Islander. A person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent, or the Pacific Islands. This area includes, for example, China, India, Japan, Korea, the Philippine Islands, and Samoa. (3) Black (Not of Hispanic Origin). A person having origins in any of the black racial groups of Africa. (4) Hispanic. A person o… | ||||
| 34:34:1.2.2.1.10.2.147.1 | 34 | Education | II | 280 | PART 280—MAGNET SCHOOLS ASSISTANCE PROGRAM | B | Subpart B—What Types of Projects Does the Secretary Assist Under This Program? | § 280.10 What types of projects does the Secretary assist? | ED | [50 FR 21191, May 22, 1985, as amended at 51 FR 20414, June 4, 1986; 54 FR 19508, 19509, May 5, 1989] | (a) The Secretary funds applications proposing projects in magnet schools that are part of an approved desegregation plan and that are designed to bring students from different social, economic, ethnic, and racial backgrounds together. (b) For the purposes of this part, an approved desegregation plan is a desegregation plan described in § 280.2 (a) or (b). (c) In the case of a desegregation plan described in § 280.2(a)(1), any modification to that plan must be approved by the court, agency, or official that approved the plan. | ||||
| 34:34:1.2.2.1.10.3.147.1 | 34 | Education | II | 280 | PART 280—MAGNET SCHOOLS ASSISTANCE PROGRAM | C | Subpart C—How Does One Apply for a Grant? | § 280.20 How does one apply for a grant? | ED | [50 FR 21191, May 22, 1985, as amended at 54 FR 19508, May 5, 1989; 57 FR 61509, Dec. 24, 1992; 60 FR 14865, Mar. 20, 1995; 69 FR 4997, Feb. 2, 2004; 75 FR 9780, Mar. 4, 2010] | (a) Each eligible LEA or consortium of LEAs that desires to receive assistance under this part shall submit an annual application to the Secretary. (b) In its application, the LEA or consortium of LEAs shall provide assurances that it— (1) Will use funds made available under this part for the purposes specified in section 5301(b) of the Act; (2) Will employ highly qualified teachers in the courses of instruction assisted under this part; (3) Will not engage in discrimination based upon race, religion, color, national origin, sex, or disability in the hiring, promotion, or assignment of employees of the agency or other personnel for whom the agency has any administrative responsibility; (4) Will not engage in discrimination based upon race, religion, color, national origin, sex, or disability in the assignment of students to schools or to courses of instruction within schools of the agency, except to carry out the approved desegregation plan; (5) Will not engage in discrimination based upon race, religion, color, national origin, sex, or disability in designing or operating extracurricular activities for students; (6) Will carry out a high-quality education program that will encourage greater parental decisionmaking and involvement; and (7) Will give students residing in the local attendance area of the proposed magnet school program equitable consideration for placement in the program, consistent with desegregation guidelines and the capacity of the applicant to accommodate students. (c) In addition to the assurances listed in paragraph (b) of this section, the LEA or consortium of LEAs shall provide such other assurances as the Secretary determines necessary to carry out the provisions of this part. (d) Upon request, the LEA or consortium of LEAs shall submit any information that is necessary for the Assistant Secretary for Civil Rights to determine whether the assurances required in paragraphs (b) (3), (4), and (5) of this section will be met. (e) An LEA or consortium of LEAs that has an approved des… | ||||
| 34:34:1.2.2.1.10.4.147.1 | 34 | Education | II | 280 | PART 280—MAGNET SCHOOLS ASSISTANCE PROGRAM | D | Subpart D—How Does the Secretary Make a Grant? | § 280.30 How does the Secretary evaluate an application? | ED | [72 FR 10607, Mar. 9, 2007] | (a) The Secretary evaluates an application under the procedures in 34 CFR part 75 and this part. (b) To evaluate an application for a new grant the Secretary may use— (1) Selection criteria established under 34 CFR 75.209; (2) Selection criteria in § 280.31; (3) Selection criteria established under 34 CFR 75.210; or (4) Any combination of criteria from paragraphs (b)(1), (b)(2), and (b)(3) of this section. (c) The Secretary indicates in the application notice published in the Federal Register the specific criteria that the Secretary will use and how points for the selection criteria will be distributed. (d) The Secretary evaluates an application submitted under this part on the basis of criteria described in paragraph (c) of this section and the priority factors in § 280.32. (e) The Secretary awards up to 100 points for the extent to which an application meets the criteria described in paragraph (c) of this section. (f) The Secretary then awards up to 30 additional points based upon the priority factors in § 280.32. | ||||
| 34:34:1.2.2.1.10.4.147.2 | 34 | Education | II | 280 | PART 280—MAGNET SCHOOLS ASSISTANCE PROGRAM | D | Subpart D—How Does the Secretary Make a Grant? | § 280.31 What selection criteria does the Secretary use? | ED | [57 FR 61509, Dec. 24, 1992, as amended at 60 FR 14866, Mar. 20, 1995; 69 FR 4997, Feb. 2, 2004; 72 FR 10607, Mar. 9, 2007] | The Secretary may use the following selection criteria in evaluating each application: (a) Plan of operation. (1) The Secretary reviews each application to determine the quality of the plan of operation for the project. (2) The Secretary determines the extent to which the applicant demonstrates— (i) The effectiveness of its management plan to ensure proper and efficient administration of the project; (ii) The effectiveness of its plan to attain specific outcomes that— (A) Will accomplish the purposes of the program; (B) Are attainable within the project period; (C) Are measurable and quantifiable; and (D) For multi-year projects, can be used to determine the project's progress in meeting its intended outcomes; (iii) The effectiveness of its plan for utilizing its resources and personnel to achieve the objectives of the project, including how well it utilizes key personnel to complete tasks and achieve the objectives of the project; (iv) How it will ensure equal access and treatment for eligible project participants who have been traditionally underrepresented in courses or activities offered as part of the magnet school, e.g., women and girls in mathematics, science or technology courses, and disabled students; and (v) The effectiveness of its plan to recruit students from different social, economic, ethnic, and racial backgrounds into the magnet schools. (b) Quality of personnel. (1) The Secretary reviews each application to determine the qualifications of the personnel the applicant plans to use on the project. (2) The Secretary determines the extent to which— (i) The project director (if one is used) is qualified to manage the project; (ii) Other key personnel are qualified to manage the project; (iii) Teachers who will provide instruction in participating magnet schools are qualified to implement the special curriculum of the magnet schools; and (iv) The applicant, as part of its nondiscriminatory employment practices will ensure that its personnel are selected for employment without rega… | ||||
| 34:34:1.2.2.1.10.4.147.3 | 34 | Education | II | 280 | PART 280—MAGNET SCHOOLS ASSISTANCE PROGRAM | D | Subpart D—How Does the Secretary Make a Grant? | § 280.32 How is priority given to applicants? | ED | [57 FR 61510, Dec. 24, 1992, as amended at 60 FR 14866, Mar. 20, 1995; 63 FR 8020, Feb. 17, 1998; 69 FR 4997, Feb. 2, 2004] | (a) How priority is given. In addition to the points awarded under § 280.31, the Secretary gives priority to the factors listed in paragraphs (b) through (d) of this section by awarding additional points for these factors. The Secretary indicates in the application notice published in the Federal Register how these additional points will be distributed. (b) Need for assistance. The Secretary evaluates the applicant's need for assistance under this part, by considering— (1) The costs of fully implementing the magnet schools project as proposed; (2) The resources available to the applicant to carry out the project if funds under the program were not provided; (3) The extent to which the costs of the project exceed the applicant's resources; and (4) The difficulty of effectively carrying out the approved plan and the project for which assistance is sought, including consideration of how the design of the magnet school project—e.g., the type of program proposed, the location of the magnet school within the LEA—impacts on the applicant's ability to successfully carry out the approved plan. (c) New or revised magnet schools projects. The Secretary determines the extent to which the applicant proposes to carry out new magnet schools projects or significantly revise existing magnet schools projects. (d) Selection of students. The Secretary determines the extent to which the applicant proposes to select students to attend magnet schools by methods such as lottery, rather than through academic examination. | ||||
| 34:34:1.2.2.1.10.4.147.4 | 34 | Education | II | 280 | PART 280—MAGNET SCHOOLS ASSISTANCE PROGRAM | D | Subpart D—How Does the Secretary Make a Grant? | § 280.33 How does the Secretary select applications for new grants with funds appropriated in excess of $75 million? | ED | [54 FR 19509, May 5, 1989, as amended at 69 FR 4997, Feb. 2, 2004] | (a) In selecting among applicants for funds appropriated for this program in excess of $75 million, the Secretary first identifies those remaining applicants that did not receive funds under this program in the last fiscal year of the previous funding cycle. (b) The Secretary then awards ten additional points to each applicant identified under paragraph (a) of this section. | ||||
| 34:34:1.2.2.1.10.5.147.1 | 34 | Education | II | 280 | PART 280—MAGNET SCHOOLS ASSISTANCE PROGRAM | E | Subpart E—What Conditions Must Be Met by a Grantee? | § 280.40 What costs are allowable? | ED | [51 FR 20414, June 4, 1986, as amended at 54 FR 19509, May 5, 1989; 60 FR 14866, Mar. 20, 1995; 69 FR 4997, Feb. 2, 2004] | An LEA or consortium of LEAs may use funds received under this part for the following activities: (a) Planning and promotional activities directly related to the development, expansion, continuation, or enhancement of academic programs and services offered at magnet schools, though planning activities are subject to the restrictions in § 280.41(a) and do not include activities described under paragraph (f) of this section. (b) The acquisition of books, materials, and equipment (including computers) and the maintenance and operation of materials, equipment and computers. Any books, materials or equipment purchased with grant funds must be: (1) Necessary for the conduct of programs in magnet schools; and (2) Directly related to improving student academic achievement based on the State's challenging academic content standards and student academic achievement standards or directly related to improving student reading skills or knowledge of mathematics, science, history, geography, English, foreign languages, art, or music, or to improving vocational, technological, or professional skills. (c) The payment or subsidization of the compensation of elementary and secondary school teachers: (1) Who are highly qualified; (2) Who are necessary to conduct programs in magnet schools; and (3) Whose employment is directly related to improving student academic achievement based on the State's challenging academic content standards and student academic achievement standards or directly related to improving student reading skills or knowledge of mathematics, science, history, geography, English, foreign languages, art, or music, or to improving vocational, technological, or professional skills. (d) The payment or subsidization of the compensation of instructional staff, where applicable, who satisfy the requirements of paragraphs (c)(2) and (3) of this section. (e) With respect to a magnet school program offered to less than the entire school population, for instructional activities that— (1) Are designed to make availab… | ||||
| 34:34:1.2.2.1.10.5.147.2 | 34 | Education | II | 280 | PART 280—MAGNET SCHOOLS ASSISTANCE PROGRAM | E | Subpart E—What Conditions Must Be Met by a Grantee? | § 280.41 What are the limitations on allowable costs? | ED | [60 FR 14866, Mar. 20, 1995, as amended at 69 FR 4997, Feb. 2, 2004] | An LEA or consortium of LEAs that receives assistance under this part may not— (a) Expend for planning more than 50 percent of the funds received for the first fiscal year, and 15 percent of the funds received for the second or the third fiscal year; (b) Use funds for transportation; or (c) Use funds for any activity that does not augment academic improvement. | ||||
| 40:40:29.0.1.1.10.1.47.1 | 40 | Protection of Environment | I | I | 280 | PART 280—TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS (UST) | A | Subpart A—Program Scope and Installation Requirements for Partially Excluded UST Systems | § 280.10 Applicability. | EPA | (a) The requirements of this part apply to all owners and operators of an UST system as defined in § 280.12 except as otherwise provided in paragraphs (b) and (c) of this section. (1) Previously deferred UST systems. Airport hydrant fuel distribution systems, UST systems with field-constructed tanks, and UST systems that store fuel solely for use by emergency power generators must meet the requirements of this part as follows: (i) Airport hydrant fuel distribution systems and UST systems with field-constructed tanks must meet the requirements in subpart K of this part. (ii) UST systems that store fuel solely for use by emergency power generators installed on or before October 13, 2015 must meet the subpart D requirements on or before October 13, 2018. (iii) UST systems that store fuel solely for use by emergency power generators installed after October 13, 2015 must meet all applicable requirements of this part at installation. (2) Any UST system listed in paragraph (c) of this section must meet the requirements of § 280.11. (b) Exclusions. The following UST systems are excluded from the requirements of this part: (1) Any UST system holding hazardous wastes listed or identified under Subtitle C of the Solid Waste Disposal Act, or a mixture of such hazardous waste and other regulated substances. (2) Any wastewater treatment tank system that is part of a wastewater treatment facility regulated under Section 402 or 307(b) of the Clean Water Act. (3) Equipment or machinery that contains regulated substances for operational purposes such as hydraulic lift tanks and electrical equipment tanks. (4) Any UST system whose capacity is 110 gallons or less. (5) Any UST system that contains a de minimis concentration of regulated substances. (6) Any emergency spill or overflow containment UST system that is expeditiously emptied after use. (c) Partial Exclusions. Subparts B, C, D, E, G, J, and K of this part do not apply to: (1) Wastewater treatment tank systems not covered under paragraph (b)(2) of this … | ||||
| 40:40:29.0.1.1.10.1.47.2 | 40 | Protection of Environment | I | I | 280 | PART 280—TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS (UST) | A | Subpart A—Program Scope and Installation Requirements for Partially Excluded UST Systems | § 280.11 Installation requirements for partially excluded UST systems. | EPA | (a) Owners and operators must install an UST system listed in § 280.10(c)(1), (3), or (4) storing regulated substances (whether of single or double wall construction) that meets the following requirements: (1) Will prevent releases due to corrosion or structural failure for the operational life of the UST system; (2) Is cathodically protected against corrosion, constructed of non-corrodible material, steel clad with a non-corrodible material, or designed in a manner to prevent the release or threatened release of any stored substance; and (3) Is constructed or lined with material that is compatible with the stored substance. (b) Notwithstanding paragraph (a) of this section, an UST system without corrosion protection may be installed at a site that is determined by a corrosion expert not to be corrosive enough to cause it to have a release due to corrosion during its operating life. Owners and operators must maintain records that demonstrate compliance with the requirements of this paragraph for the remaining life of the tank. The following codes of practice may be used as guidance for complying with this section: (A) NACE International Standard Practice SP 0285, “External Corrosion Control of Underground Storage Tank Systems by Cathodic Protection”; (B) NACE International Standard Practice SP 0169, “Control of External Corrosion on Underground or Submerged Metallic Piping Systems”; (C) American Petroleum Institute Recommended Practice 1632, “Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems”; or (D) Steel Tank Institute Recommended Practice R892, “Recommended Practice for Corrosion Protection of Underground Piping Networks Associated with Liquid Storage and Dispensing Systems”. | ||||
| 40:40:29.0.1.1.10.1.47.3 | 40 | Protection of Environment | I | I | 280 | PART 280—TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS (UST) | A | Subpart A—Program Scope and Installation Requirements for Partially Excluded UST Systems | § 280.12 Definitions. | EPA | Aboveground release means any release to the surface of the land or to surface water. This includes, but is not limited to, releases from the aboveground portion of an UST system and aboveground releases associated with overfills and transfer operations as the regulated substance moves to or from an UST system. Ancillary equipment means any devices including, but not limited to, such devices as piping, fittings, flanges, valves, and pumps used to distribute, meter, or control the flow of regulated substances to and from an UST. Belowground release means any release to the subsurface of the land and to groundwater. This includes, but is not limited to, releases from the belowground portions of an underground storage tank system and belowground releases associated with overfills and transfer operations as the regulated substance moves to or from an underground storage tank. Beneath the surface of the ground means beneath the ground surface or otherwise covered with earthen materials. Cathodic protection is a technique to prevent corrosion of a metal surface by making that surface the cathode of an electrochemical cell. For example, a tank system can be cathodically protected through the application of either galvanic anodes or impressed current. Cathodic protection tester means a person who can demonstrate an understanding of the principles and measurements of all common types of cathodic protection systems as applied to buried or submerged metal piping and tank systems. At a minimum, such persons must have education and experience in soil resistivity, stray current, structure-to-soil potential, and component electrical isolation measurements of buried metal piping and tank systems. CERCLA means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended. Class A operator means the individual who has primary responsibility to operate and maintain the UST system in accordance with applicable requirements established by the implementing agency. The Class A operator typ… | ||||
| 40:40:29.0.1.1.10.10.47.1 | 40 | Protection of Environment | I | I | 280 | PART 280—TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS (UST) | J | Subpart J—Operator Training | § 280.240 General requirement for all UST systems. | EPA | Not later than October 13, 2018, all owners and operators of UST systems must ensure they have designated Class A, Class B, and Class C operators who meet the requirements of this subpart. | ||||
| 40:40:29.0.1.1.10.10.47.2 | 40 | Protection of Environment | I | I | 280 | PART 280—TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS (UST) | J | Subpart J—Operator Training | § 280.241 Designation of Class A, B, and C operators. | EPA | UST system owners and operators must designate: (a) At least one Class A and one Class B operator for each UST or group of USTs at a facility; and (b) Each individual who meets the definition of Class C operator at the UST facility as a Class C operator. | ||||
| 40:40:29.0.1.1.10.10.47.3 | 40 | Protection of Environment | I | I | 280 | PART 280—TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS (UST) | J | Subpart J—Operator Training | § 280.242 Requirements for operator training. | EPA | UST system owners and operators must ensure Class A, Class B, and Class C operators meet the requirements of this section. Any individual designated for more than one operator class must successfully complete the required training program or comparable examination according to the operator class in which the individual is designated. (a) Class A operators. Each designated Class A operator must either be trained in accordance with paragraphs (a)(1) and (2) of this section or pass a comparable examination in accordance with paragraph (e) of this section. (1) At a minimum, the training program for the Class A operator must provide general knowledge of the requirements in this paragraph (a). At a minimum, the training must teach the Class A operators, as applicable, about the purpose, methods, and function of: (i) Spill and overfill prevention; (ii) Release detection; (iii) Corrosion protection; (iv) Emergency response; (v) Product and equipment compatibility and demonstration; (vi) Financial responsibility; (vii) Notification and storage tank registration; (viii) Temporary and permanent closure; (ix) Related reporting, recordkeeping, testing, and inspections; (x) Environmental and regulatory consequences of releases; and (xi) Training requirements for Class B and Class C operators. (2) At a minimum, the training program must evaluate Class A operators to determine these individuals have the knowledge and skills to make informed decisions regarding compliance and determine whether appropriate individuals are fulfilling the operation, maintenance, and recordkeeping requirements for UST systems in accordance with paragraph (a)(1) of this section. (b) Class B operators. Each designated Class B operator must either receive training in accordance with paragraphs (b)(1) and (2) of this section or pass a comparable examination, in accordance with paragraph (e) of this section. (1) At a minimum, the training program for the Class B operator must cover either: general requirements that encompass all regula… | ||||
| 40:40:29.0.1.1.10.10.47.4 | 40 | Protection of Environment | I | I | 280 | PART 280—TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS (UST) | J | Subpart J—Operator Training | § 280.243 Timing of operator training. | EPA | (a) An owner and operator must ensure that designated Class A, Class B, and Class C operators meet the requirements in § 280.242 not later than October 13, 2018. (b) Class A and Class B operators designated after October 13, 2018 must meet requirements in § 280.242 within 30 days of assuming duties. (c) Class C operators designated after October 13, 2018 must be trained before assuming duties of a Class C operator. | ||||
| 40:40:29.0.1.1.10.10.47.5 | 40 | Protection of Environment | I | I | 280 | PART 280—TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS (UST) | J | Subpart J—Operator Training | § 280.244 Retraining. | EPA | Class A and Class B operators of UST systems determined by the implementing agency to be out of compliance must complete a training program or comparable examination in accordance with requirements in § 280.242. The training program or comparable examination must be developed or administered by an independent organization, the implementing agency, or a recognized authority. At a minimum, the training must cover the area(s) determined to be out of compliance. UST system owners and operators must ensure Class A and Class B operators are retrained pursuant to this section no later than 30 days from the date the implementing agency determines the facility is out of compliance except in one of the following situations: (a) Class A and Class B operators take annual refresher training. Refresher training for Class A and Class B operators must cover all applicable requirements in § 280.242, or (b) The implementing agency, at its discretion, waives this retraining requirement for either the Class A or Class B operator or both. | ||||
| 40:40:29.0.1.1.10.10.47.6 | 40 | Protection of Environment | I | I | 280 | PART 280—TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS (UST) | J | Subpart J—Operator Training | § 280.245 Documentation. | EPA | Owners and operators of underground storage tank systems must maintain a list of designated Class A, Class B, and Class C operators and maintain records verifying that training and retraining, as applicable, have been completed, in accordance with § 280.34 as follows: (a) The list must: (1) Identify all Class A, Class B, and Class C operators currently designated for the facility; and (2) Include names, class of operator trained, date assumed duties, date each completed initial training, and any retraining. (b) Records verifying completion of training or retraining must be a paper or electronic record for Class A, Class B, and Class C operators. The records, at a minimum, must identify name of trainee, date trained, operator training class completed, and list the name of the trainer or examiner and the training company name, address, and telephone number. Owners and operators must maintain these records for as long as Class A, Class B, and Class C operators are designated. The following requirements also apply to the following types of training: (1) Records from classroom or field training programs (including Class C operator training provided by the Class A or Class B operator) or a comparable examination must, at a minimum, be signed by the trainer or examiner; (2) Records from computer based training must, at a minimum, indicate the name of the training program and web address, if Internet based; and (3) Records of retraining must include those areas on which the Class A or Class B operator has been retrained. | ||||
| 40:40:29.0.1.1.10.11.47.1 | 40 | Protection of Environment | I | I | 280 | PART 280—TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS (UST) | K | Subpart K—UST Systems with Field-Constructed Tanks and Airport Hydrant Fuel Distribution Systems | § 280.250 Definitions. | EPA | For purposes of this subpart, the following definitions apply: Airport hydrant fuel distribution system (also called airport hydrant system) means an UST system which fuels aircraft and operates under high pressure with large diameter piping that typically terminates into one or more hydrants (fill stands). The airport hydrant system begins where fuel enters one or more tanks from an external source such as a pipeline, barge, rail car, or other motor fuel carrier. Field-constructed tank means a tank constructed in the field. For example, a tank constructed of concrete that is poured in the field, or a steel or fiberglass tank primarily fabricated in the field is considered field-constructed. | ||||
| 40:40:29.0.1.1.10.11.47.2 | 40 | Protection of Environment | I | I | 280 | PART 280—TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS (UST) | K | Subpart K—UST Systems with Field-Constructed Tanks and Airport Hydrant Fuel Distribution Systems | § 280.251 General requirements. | EPA | (a) Implementation of requirements. Owners and operators must comply with the requirements of this part for UST systems with field-constructed tanks and airport hydrant systems as follows: (1) For UST systems installed on or before October 13, 2015 the requirements are effective according to the following schedule: (2) For UST systems installed after October 13, 2015, the requirements apply at installation. (b) Not later than October 13, 2018, all owners of previously deferred UST systems must submit a one-time notice of tank system existence to the implementing agency, using the form in appendix I of this part or a state form in accordance with § 280.22(c). Owners and operators of UST systems in use as of October 13, 2015 must demonstrate financial responsibility at the time of submission of the notification form. (c) Except as provided in § 280.252, owners and operators must comply with the requirements of subparts A through H and J of this part. (d) In addition to the codes of practice listed in § 280.20, owners and operators may use military construction criteria, such as Unified Facilities Criteria (UFC) 3-460-01, Petroleum Fuel Facilities, when designing, constructing, and installing airport hydrant systems and UST systems with field-constructed tanks. | ||||
| 40:40:29.0.1.1.10.11.47.3 | 40 | Protection of Environment | I | I | 280 | PART 280—TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS (UST) | K | Subpart K—UST Systems with Field-Constructed Tanks and Airport Hydrant Fuel Distribution Systems | § 280.252 Additions, exceptions, and alternatives for UST systems with field-constructed tanks and airport hydrant systems. | EPA | (a) Exception to piping secondary containment requirements. Owners and operators may use single walled piping when installing or replacing piping associated with UST systems with field-constructed tanks greater than 50,000 gallons and piping associated with airport hydrant systems. Piping associated with UST systems with field-constructed tanks less than or equal to 50,000 gallons not part of an airport hydrant system must meet the secondary containment requirement when installed or replaced. (b) Upgrade requirements. Not later than October 13, 2018, airport hydrant systems and UST systems with field-constructed tanks where installation commenced on or before October 13, 2015 must meet the following requirements or be permanently closed pursuant to subpart G of this part. (1) Corrosion protection. UST system components in contact with the ground that routinely contain regulated substances must meet one of the following: (i) Except as provided in paragraph (a) of this section, the new UST system performance standards for tanks at § 280.20(a) and for piping at § 280.20(b); or (ii) Be constructed of metal and cathodically protected according to a code of practice developed by a nationally recognized association or independent testing laboratory and meets the following: (A) Cathodic protection must meet the requirements of § 280.20(a)(2)(ii), (iii), and (iv) for tanks, and § 280.20(b)(2)(ii), (iii), and (iv) for piping. (B) Tanks greater than 10 years old without cathodic protection must be assessed to ensure the tank is structurally sound and free of corrosion holes prior to adding cathodic protection. The assessment must be by internal inspection or another method determined by the implementing agency to adequately assess the tank for structural soundness and corrosion holes. The following codes of practice may be used to comply with this paragraph (b): (A) NACE International Standard Practice SP 0285, “External Control of Underground Storage Tank Systems by Cathodic Protection”; (B) NACE Internation… | ||||
| 40:40:29.0.1.1.10.2.47.1 | 40 | Protection of Environment | I | I | 280 | PART 280—TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS (UST) | B | Subpart B—UST Systems: Design, Construction, Installation and Notification | § 280.20 Performance standards for new UST systems. | EPA | In order to prevent releases due to structural failure, corrosion, or spills and overfills for as long as the UST system is used to store regulated substances, all owners and operators of new UST systems must meet the following requirements. In addition, except for suction piping that meets the requirements of § 280.41(b)(1)(ii)(A) through (E), tanks and piping installed or replaced after April 11, 2016 must be secondarily contained and use interstitial monitoring in accordance with § 280.43(g). Secondary containment must be able to contain regulated substances leaked from the primary containment until they are detected and removed and prevent the release of regulated substances to the environment at any time during the operational life of the UST system. For cases where the piping is considered to be replaced, the entire piping run must be secondarily contained. (a) Tanks. Each tank must be properly designed and constructed, and any portion underground that routinely contains product must be protected from corrosion, in accordance with a code of practice developed by a nationally recognized association or independent testing laboratory as specified below: (1) The tank is constructed of fiberglass-reinforced plastic; or The following codes of practice may be used to comply with paragraph (a)(1) of this section: (A) Underwriters Laboratories Standard 1316, “Glass-Fiber-Reinforced Plastic Underground Storage Tanks for Petroleum Products, Alcohols, and Alcohol-Gasoline Mixtures”; or (B) Underwriter's Laboratories of Canada S615, “Standard for Reinforced Plastic Underground Tanks for Flammable and Combustible Liquids”. (2) The tank is constructed of steel and cathodically protected in the following manner: (i) The tank is coated with a suitable dielectric material; (ii) Field-installed cathodic protection systems are designed by a corrosion expert; (iii) Impressed current systems are designed to allow determination of current operating status as required in § 280.31(c); and (iv) Cathodic protection system… | ||||
| 40:40:29.0.1.1.10.2.47.2 | 40 | Protection of Environment | I | I | 280 | PART 280—TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS (UST) | B | Subpart B—UST Systems: Design, Construction, Installation and Notification | § 280.21 Upgrading of existing UST systems. | EPA | Owners and operators must permanently close (in accordance with subpart G of this part) any UST system that does not meet the new UST system performance standards in § 280.20 or has not been upgraded in accordance with paragraphs (b) through (d) of this section. This does not apply to previously deferred UST systems described in subpart K of this part and where an upgrade is determined to be appropriate by the implementing agency. (a) Alternatives allowed. All existing UST systems must comply with one of the following requirements: (1) New UST system performance standards under § 280.20; (2) The upgrading requirements in paragraphs (b) through (d) of this section; or (3) Closure requirements under subpart G of this part, including applicable requirements for corrective action under subpart F of this part. (b) Tank upgrading requirements. Steel tanks must be upgraded to meet one of the following requirements in accordance with a code of practice developed by a nationally recognized association or independent testing laboratory: (1) Interior lining. Tanks upgraded by internal lining must meet the following: (i) The lining was installed in accordance with the requirements of § 280.33; and (ii) Within 10 years after lining, and every 5 years thereafter, the lined tank is internally inspected and found to be structurally sound with the lining still performing in accordance with original design specifications. If the internal lining is no longer performing in accordance with original design specifications and cannot be repaired in accordance with a code of practice developed by a nationally recognized association or independent testing laboratory, then the lined tank must be permanently closed in accordance with subpart G of this part. (2) Cathodic protection. Tanks upgraded by cathodic protection must meet the requirements of § 280.20(a)(2)(ii), (iii), and (iv) and the integrity of the tank must have been ensured using one of the following methods: (i) The tank was internally inspected and assessed t… | ||||
| 40:40:29.0.1.1.10.2.47.3 | 40 | Protection of Environment | I | I | 280 | PART 280—TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS (UST) | B | Subpart B—UST Systems: Design, Construction, Installation and Notification | § 280.22 Notification requirements. | EPA | (a) After May 8, 1986, an owner must submit notice of a tank system's existence to the implementing agency within 30 days of bringing the underground storage tank system into use. Owners must use the form in appendix I of this part or a state form in accordance with paragraph (c) of this section. Owners and operators of UST systems that were in the ground on or after May 8, 1986, unless taken out of operation on or before January 1, 1974, were required to notify the designated state or local agency in accordance with the Hazardous and Solid Waste Amendments of 1984, Public Law 98-616, on a form published by EPA on November 8, 1985 unless notice was given pursuant to section 103(c) of CERCLA. Owners and operators who have not complied with the notification requirements may use portions I through X of the notification form contained in appendix I of this part. (b) Within 30 days of acquisition, any person who assumes ownership of a regulated underground storage tank system, except as described in paragraph (a) of this section, must submit a notice of the ownership change to the implementing agency, using the form in appendix II of this part or a state form in accordance with paragraph (c) of this section. (c) In states where state law, regulations, or procedures require owners to use forms that differ from those set forth in appendix I and appendix II of this part to fulfill the requirements of this section, the state forms may be submitted in lieu of the forms set forth in appendix I and appendix II. If a state requires that its form be used in lieu of the form presented in appendix I and appendix II, such form must, at a minimum, collect the information prescribed in appendix I and appendix II. (d) Owners required to submit notices under paragraph (a) or (b) of this section must provide notices to the appropriate implementing agency for each tank they own. Owners may provide notice for several tanks using one notification form, but owners who own tanks located at more than one place of operation must file a s… | ||||
| 40:40:29.0.1.1.10.3.47.1 | 40 | Protection of Environment | I | I | 280 | PART 280—TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS (UST) | C | Subpart C—General Operating Requirements | § 280.30 Spill and overfill control. | EPA | (a) Owners and operators must ensure that releases due to spilling or overfilling do not occur. The owner and operator must ensure that the volume available in the tank is greater than the volume of product to be transferred to the tank before the transfer is made and that the transfer operation is monitored constantly to prevent overfilling and spilling. The transfer procedures described in National Fire Protection Association Standard 385, “Standard for Tank Vehicles for Flammable and Combustible Liquids” or American Petroleum Institute Recommended Practice 1007, “Loading and Unloading of MC 306/DOT 406 Cargo Tank Motor Vehicles” may be used to comply with paragraph (a) of this section. Further guidance on spill and overfill prevention appears in American Petroleum Institute Recommended Practice 1621, “Bulk Liquid Stock Control at Retail Outlets”. (b) The owner and operator must report, investigate, and clean up any spills and overfills in accordance with § 280.53. | ||||
| 40:40:29.0.1.1.10.3.47.2 | 40 | Protection of Environment | I | I | 280 | PART 280—TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS (UST) | C | Subpart C—General Operating Requirements | § 280.31 Operation and maintenance of corrosion protection. | EPA | All owners and operators of metal UST systems with corrosion protection must comply with the following requirements to ensure that releases due to corrosion are prevented until the UST system is permanently closed or undergoes a change-in-service pursuant to § 280.71: (a) All corrosion protection systems must be operated and maintained to continuously provide corrosion protection to the metal components of that portion of the tank and piping that routinely contain regulated substances and are in contact with the ground. (b) All UST systems equipped with cathodic protection systems must be inspected for proper operation by a qualified cathodic protection tester in accordance with the following requirements: (1) Frequency. All cathodic protection systems must be tested within 6 months of installation and at least every 3 years thereafter or according to another reasonable time frame established by the implementing agency; and (2) Inspection criteria. The criteria that are used to determine that cathodic protection is adequate as required by this section must be in accordance with a code of practice developed by a nationally recognized association. The following codes of practice may be used to comply with paragraph (b) of this section: (A) NACE International Test Method TM 0101, “Measurement Techniques Related to Criteria for Cathodic Protection of Underground Storage Tank Systems”; (B) NACE International Test Method TM0497, “Measurement Techniques Related to Criteria for Cathodic Protection on Underground or Submerged Metallic Piping Systems”; (C) Steel Tank Institute Recommended Practice R051, “Cathodic Protection Testing Procedures for STI-P3® USTs”; (D) NACE International Standard Practice SP 0285, “External Control of Underground Storage Tank Systems by Cathodic Protection”; or (E) NACE International Standard Practice SP 0169, “Control of External Corrosion on Underground or Submerged Metallic Piping Systems”. (c) UST systems with impressed current cathodic protection systems must also be inspec… | ||||
| 40:40:29.0.1.1.10.3.47.3 | 40 | Protection of Environment | I | I | 280 | PART 280—TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS (UST) | C | Subpart C—General Operating Requirements | § 280.32 Compatibility. | EPA | (a) Owners and operators must use an UST system made of or lined with materials that are compatible with the substance stored in the UST system. (b) Owners and operators must notify the implementing agency at least 30 days prior to switching to a regulated substance containing greater than 10 percent ethanol, greater than 20 percent biodiesel, or any other regulated substance identified by the implementing agency. In addition, owners and operators with UST systems storing these regulated substances must meet one of the following: (1) Demonstrate compatibility of the UST system (including the tank, piping, containment sumps, pumping equipment, release detection equipment, spill equipment, and overfill equipment). Owners and operators may demonstrate compatibility of the UST system by using one of the following options: (i) Certification or listing of UST system equipment or components by a nationally recognized, independent testing laboratory for use with the regulated substance stored; or (ii) Equipment or component manufacturer approval. The manufacturer's approval must be in writing, indicate an affirmative statement of compatibility, specify the range of biofuel blends the equipment or component is compatible with, and be from the equipment or component manufacturer; or (2) Use another option determined by the implementing agency to be no less protective of human health and the environment than the options listed in paragraph (b)(1) of this section. (c) Owners and operators must maintain records in accordance with § 280.34(b) documenting compliance with paragraph (b) of this section for as long as the UST system is used to store the regulated substance. The following code of practice may be useful in complying with this section: American Petroleum Institute Recommended Practice 1626, “Storing and Handling Ethanol and Gasoline-Ethanol Blends at Distribution Terminals and Filling Stations.” | ||||
| 40:40:29.0.1.1.10.3.47.4 | 40 | Protection of Environment | I | I | 280 | PART 280—TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS (UST) | C | Subpart C—General Operating Requirements | § 280.33 Repairs allowed. | EPA | Owners and operators of UST systems must ensure that repairs will prevent releases due to structural failure or corrosion as long as the UST system is used to store regulated substances. The repairs must meet the following requirements: (a) Repairs to UST systems must be properly conducted in accordance with a code of practice developed by a nationally recognized association or an independent testing laboratory. The following codes of practice may be used to comply with paragraph (a) of this section: (A) National Fire Protection Association Standard 30, “Flammable and Combustible Liquids Code”; (B) American Petroleum Institute Recommended Practice RP 2200, “Repairing Crude Oil, Liquified Petroleum Gas, and Product Pipelines”; (C) American Petroleum Institute Recommended Practice RP 1631, “Interior Lining and Periodic Inspection of Underground Storage Tanks”; (D) National Fire Protection Association Standard 326, “Standard for the Safeguarding of Tanks and Containers for Entry, Cleaning, or Repair”; (E) National Leak Prevention Association Standard 631, Chapter A, “Entry, Cleaning, Interior Inspection, Repair, and Lining of Underground Storage Tanks”; (F) Steel Tank Institute Recommended Practice R972, “Recommended Practice for the Addition of Supplemental Anodes to STI-P3® Tanks”; (G) NACE International Standard Practice SP 0285, “External Control of Underground Storage Tank Systems by Cathodic Protection”; or (H) Fiberglass Tank and Pipe Institute Recommended Practice T-95-02, “Remanufacturing of Fiberglass Reinforced Plastic (FRP) Underground Storage Tanks”. (b) Repairs to fiberglass-reinforced plastic tanks may be made by the manufacturer's authorized representatives or in accordance with a code of practice developed by a nationally recognized association or an independent testing laboratory. (c) Metal pipe sections and fittings that have released product as a result of corrosion or other damage must be replaced. Non-corrodible pipes and fittings may be repaired in accordance with the manufacturer'… | ||||
| 40:40:29.0.1.1.10.3.47.5 | 40 | Protection of Environment | I | I | 280 | PART 280—TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS (UST) | C | Subpart C—General Operating Requirements | § 280.34 Reporting and recordkeeping. | EPA | Owners and operators of UST systems must cooperate fully with inspections, monitoring and testing conducted by the implementing agency, as well as requests for document submission, testing, and monitoring by the owner or operator pursuant to section 9005 of Subtitle I of the Solid Waste Disposal Act, as amended. (a) Reporting. Owners and operators must submit the following information to the implementing agency: (1) Notification for all UST systems (§ 280.22), which includes certification of installation for new UST systems (§ 280.20(e)) and notification when any person assumes ownership of an UST system (§ 280.22(b)); (2) Notification prior to UST systems switching to certain regulated substances (§ 280.32(b)); (3) Reports of all releases including suspected releases (§ 280.50), spills and overfills (§ 280.53), and confirmed releases (§ 280.61); (4) Corrective actions planned or taken including initial abatement measures (§ 280.62), initial site characterization (§ 280.63), free product removal (§ 280.64), investigation of soil and groundwater cleanup (§ 280.65), and corrective action plan (§ 280.66); and (5) A notification before permanent closure or change-in-service (§ 280.71). (b) Recordkeeping. Owners and operators must maintain the following information: (1) A corrosion expert's analysis of site corrosion potential if corrosion protection equipment is not used (§ 280.20(a)(4); § 280.20(b)(3)). (2) Documentation of operation of corrosion protection equipment (§ 280.31(d)); (3) Documentation of compatibility for UST systems (§ 280.32(c)); (4) Documentation of UST system repairs (§ 280.33(g)); (5) Documentation of compliance for spill and overfill prevention equipment and containment sumps used for interstitial monitoring of piping (§ 280.35(c)); (6) Documentation of periodic walkthrough inspections (§ 280.36(b)); (7) Documentation of compliance with release detection requirements (§ 280.45); (8) Results of the site investigation conducted at permanent closure (§ 280.74); and (9) Documenta… | ||||
| 40:40:29.0.1.1.10.3.47.6 | 40 | Protection of Environment | I | I | 280 | PART 280—TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS (UST) | C | Subpart C—General Operating Requirements | § 280.35 Periodic testing of spill prevention equipment and containment sumps used for interstitial monitoring of piping and periodic inspection of overfill prevention equipment. | EPA | (a) Owners and operators of UST systems with spill and overfill prevention equipment and containment sumps used for interstitial monitoring of piping must meet these requirements to ensure the equipment is operating properly and will prevent releases to the environment: (1) Spill prevention equipment (such as a catchment basin, spill bucket, or other spill containment device) and containment sumps used for interstitial monitoring of piping must prevent releases to the environment by meeting one of the following: (i) The equipment is double walled and the integrity of both walls is periodically monitored at a frequency not less than the frequency of the walkthrough inspections described in § 280.36. Owners and operators must begin meeting paragraph (a)(1)(ii) of this section and conduct a test within 30 days of discontinuing periodic monitoring of this equipment; or (ii) The spill prevention equipment and containment sumps used for interstitial monitoring of piping are tested at least once every three years to ensure the equipment is liquid tight by using vacuum, pressure, or liquid testing in accordance with one of the following criteria: (A) Requirements developed by the manufacturer (Note: Owners and operators may use this option only if the manufacturer has developed requirements); (B) Code of practice developed by a nationally recognized association or independent testing laboratory; or (C) Requirements determined by the implementing agency to be no less protective of human health and the environment than the requirements listed in paragraphs (a)(1)(ii)(A) and (B) of this section. (2) Overfill prevention equipment must be inspected at least once every three years. At a minimum, the inspection must ensure that overfill prevention equipment is set to activate at the correct level specified in § 280.20(c) and will activate when regulated substance reaches that level. Inspections must be conducted in accordance with one of the criteria in paragraph (a)(1)(ii)(A) through (C) of this section. The following … | ||||
| 40:40:29.0.1.1.10.3.47.7 | 40 | Protection of Environment | I | I | 280 | PART 280—TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS (UST) | C | Subpart C—General Operating Requirements | § 280.36 Periodic operation and maintenance walkthrough inspections. | EPA | (a) To properly operate and maintain UST systems, not later than October 13, 2018 owners and operators must meet one of the following: (1) Conduct a walkthrough inspection that, at a minimum, checks the following equipment as specified below: (i) Every 30 days (Exception: spill prevention equipment at UST systems receiving deliveries at intervals greater than every 30 days may be checked prior to each delivery): (A) Spill prevention equipment—visually check for damage; remove liquid or debris; check for and remove obstructions in the fill pipe; check the fill cap to make sure it is securely on the fill pipe; and, for double walled spill prevention equipment with interstitial monitoring, check for a leak in the interstitial area; and (B) Release detection equipment—check to make sure the release detection equipment is operating with no alarms or other unusual operating conditions present; and ensure records of release detection testing are reviewed and current; and (ii) Annually: (A) Containment sumps—visually check for damage, leaks to the containment area, or releases to the environment; remove liquid (in contained sumps) or debris; and, for double walled sumps with interstitial monitoring, check for a leak in the interstitial area; and (B) Hand held release detection equipment—check devices such as tank gauge sticks or groundwater bailers for operability and serviceability; (2) Conduct operation and maintenance walkthrough inspections according to a standard code of practice developed by a nationally recognized association or independent testing laboratory that checks equipment comparable to paragraph (a)(1) of this section; or The following code of practice may be used to comply with paragraph (a)(2) of this section: Petroleum Equipment Institute Recommended Practice RP 900, “Recommended Practices for the Inspection and Maintenance of UST Systems”. (3) Conduct operation and maintenance walkthrough inspections developed by the implementing agency that checks equipment comparable to paragraph (a)(1) of… | ||||
| 40:40:29.0.1.1.10.4.47.1 | 40 | Protection of Environment | I | I | 280 | PART 280—TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS (UST) | D | Subpart D—Release Detection | § 280.40 General requirements for all UST systems. | EPA | (a) Owners and operators of UST systems must provide a method, or combination of methods, of release detection that: (1) Can detect a release from any portion of the tank and the connected underground piping that routinely contains product; (2) Is installed and calibrated in accordance with the manufacturer's instructions; (3) Beginning on October 13, 2018, is operated and maintained, and electronic and mechanical components are tested for proper operation, in accordance with one of the following: manufacturer's instructions; a code of practice developed by a nationally recognized association or independent testing laboratory; or requirements determined by the implementing agency to be no less protective of human health and the environment than the two options listed in paragraphs (a)(1) and (2) of this section. A test of the proper operation must be performed at least annually and, at a minimum, as applicable to the facility, cover the following components and criteria: (i) Automatic tank gauge and other controllers: test alarm; verify system configuration; test battery backup; (ii) Probes and sensors: inspect for residual buildup; ensure floats move freely; ensure shaft is not damaged; ensure cables are free of kinks and breaks; test alarm operability and communication with controller; (iii) Automatic line leak detector: test operation to meet criteria in § 280.44(a) by simulating a leak; (iv) Vacuum pumps and pressure gauges: ensure proper communication with sensors and controller; and (v) Hand-held electronic sampling equipment associated with groundwater and vapor monitoring: ensure proper operation. The following code of practice may be used to comply with paragraph (a)(3) of this section: Petroleum Equipment Institute Publication RP1200, “Recommended Practices for the Testing and Verification of Spill, Overfill, Leak Detection and Secondary Containment Equipment at UST Facilities”. (4) Meets the performance requirements in § 280.43, § 280.44, or subpart K of this part, as applicable, with any per… | ||||
| 40:40:29.0.1.1.10.4.47.2 | 40 | Protection of Environment | I | I | 280 | PART 280—TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS (UST) | D | Subpart D—Release Detection | § 280.41 Requirements for petroleum UST systems. | EPA | Owners and operators of petroleum UST systems must provide release detection for tanks and piping as follows: (a) Tanks. Tanks must be monitored for releases as follows: (1) Tanks installed on or before April 11, 2016 must be monitored for releases at least every 30 days using one of the methods listed in § 280.43(d) through (i) except that: (i) UST systems that meet the performance standards in § 280.20 or § 280.21, and the monthly inventory control requirements in § 280.43(a) or (b), may use tank tightness testing (conducted in accordance with § 280.43(c)) at least every 5 years until 10 years after the tank was installed; and (ii) Tanks with capacity of 550 gallons or less and tanks with a capacity of 551 to 1,000 gallons that meet the tank diameter criteria in § 280.43(b) may use manual tank gauging (conducted in accordance with § 280.43(b)). (2) Tanks installed after April 11, 2016 must be monitored for releases at least every 30 days in accordance with § 280.43(g). (b) Piping. Underground piping that routinely contains regulated substances must be monitored for releases in a manner that meets one of the following requirements: (1) Piping installed on or before April 11, 2016 must meet one of the following: (i) Pressurized piping. Underground piping that conveys regulated substances under pressure must: (A) Be equipped with an automatic line leak detector conducted in accordance with § 280.44(a); and (B) Have an annual line tightness test conducted in accordance with § 280.44(b) or have monthly monitoring conducted in accordance with § 280.44(c). (ii) Suction piping. Underground piping that conveys regulated substances under suction must either have a line tightness test conducted at least every 3 years and in accordance with § 280.44(b), or use a monthly monitoring method conducted in accordance with § 280.44(c). No release detection is required for suction piping that is designed and constructed to meet the following standards: (A) The below-grade piping operates at less than atmospheri… | ||||
| 40:40:29.0.1.1.10.4.47.3 | 40 | Protection of Environment | I | I | 280 | PART 280—TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS (UST) | D | Subpart D—Release Detection | § 280.42 Requirements for hazardous substance UST systems. | EPA | Owners and operators of hazardous substance UST systems must provide containment that meets the following requirements and monitor these systems using § 280.43(g) at least every 30 days: (a) Secondary containment systems must be designed, constructed, and installed to: (1) Contain regulated substances leaked from the primary containment until they are detected and removed; (2) Prevent the release of regulated substances to the environment at any time during the operational life of the UST system; and (3) Be checked for evidence of a release at least every 30 days. The provisions of 40 CFR 265.193, Containment and Detection of Releases, may be used to comply with these requirements for tanks installed on or before October 13, 2015. (b) Double walled tanks must be designed, constructed, and installed to: (1) Contain a leak from any portion of the inner tank within the outer wall; and (2) Detect the failure of the inner wall. (c) External liners (including vaults) must be designed, constructed, and installed to: (1) Contain 100 percent of the capacity of the largest tank within its boundary; (2) Prevent the interference of precipitation or groundwater intrusion with the ability to contain or detect a release of regulated substances; and (3) Surround the tank completely ( i.e., it is capable of preventing lateral as well as vertical migration of regulated substances). (d) Underground piping must be equipped with secondary containment that satisfies the requirements of this section (e.g., trench liners, double walled pipe). In addition, underground piping that conveys regulated substances under pressure must be equipped with an automatic line leak detector in accordance with § 280.44(a). (e) For hazardous substance UST systems installed on or before October 13, 2015 other methods of release detection may be used if owners and operators: (1) 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 § 280.4… | ||||
| 40:40:29.0.1.1.10.4.47.4 | 40 | Protection of Environment | I | I | 280 | PART 280—TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS (UST) | D | Subpart D—Release Detection | § 280.43 Methods of release detection for tanks. | EPA | Each method of release detection for tanks used to meet the requirements of § 280.41 must be conducted in accordance with the following: (a) Inventory control. Product inventory control (or another test of equivalent performance) must be conducted monthly to detect a release of at least 1.0 percent of flow-through plus 130 gallons on a monthly basis in the following manner: (1) Inventory volume measurements for regulated substance inputs, withdrawals, and the amount still remaining in the tank are recorded each operating day; (2) The equipment used is capable of measuring the level of product over the full range of the tank's height to the nearest one-eighth of an inch; (3) The regulated substance inputs are reconciled with delivery receipts by measurement of the tank inventory volume before and after delivery; (4) Deliveries are made through a drop tube that extends to within one foot of the tank bottom; (5) Product dispensing is metered and recorded within the local standards for meter calibration or an accuracy of 6 cubic inches for every 5 gallons of product withdrawn; and (6) The measurement of any water level in the bottom of the tank is made to the nearest one-eighth of an inch at least once a month. Practices described in the American Petroleum Institute Recommended Practice RP 1621, “Bulk Liquid Stock Control at Retail Outlets” may be used, where applicable, as guidance in meeting the requirements of this paragraph (a). (b) Manual tank gauging. Manual tank gauging must meet the following requirements: (1) Tank liquid level measurements are taken at the beginning and ending of a period using the appropriate minimum duration of test value in the table below during which no liquid is added to or removed from the tank; (2) Level measurements are based on an average of two consecutive stick readings at both the beginning and ending of the period; (3) The equipment used is capable of measuring the level of product over the full range of the tank's height to the nearest one-eighth of an inch; (… | ||||
| 40:40:29.0.1.1.10.4.47.5 | 40 | Protection of Environment | I | I | 280 | PART 280—TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS (UST) | D | Subpart D—Release Detection | § 280.44 Methods of release detection for piping. | EPA | Each method of release detection for piping used to meet the requirements of § 280.41 must be conducted in accordance with the following: (a) Automatic line leak detectors. Methods which alert the operator to the presence of a leak by restricting or shutting off the flow of regulated substances through piping or triggering an audible or visual alarm may be used only if they detect leaks of 3 gallons per hour at 10 pounds per square inch line pressure within 1 hour. An annual test of the operation of the leak detector must be conducted in accordance with § 280.40(a)(3). (b) Line tightness testing. A periodic test of piping may be conducted only if it can detect a 0.1 gallon per hour leak rate at one and one-half times the operating pressure. (c) Applicable tank methods. Except as described in § 280.41(a), any of the methods in § 280.43(e) through (i) may be used if they are designed to detect a release from any portion of the underground piping that routinely contains regulated substances. | ||||
| 40:40:29.0.1.1.10.4.47.6 | 40 | Protection of Environment | I | I | 280 | PART 280—TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS (UST) | D | Subpart D—Release Detection | § 280.45 Release detection recordkeeping. | EPA | All UST system owners and operators must maintain records in accordance with § 280.34 demonstrating compliance with all applicable requirements of this subpart. These records must include the following: (a) All written performance claims pertaining to any release detection system used, and the manner in which these claims have been justified or tested by the equipment manufacturer or installer, must be maintained for 5 years, or for another reasonable period of time determined by the implementing agency, from the date of installation. Not later than October 13, 2018, records of site assessments required under § 280.43(e)(6) and (f)(7) must be maintained for as long as the methods are used. Records of site assessments developed after October 13, 2015 must be signed by a professional engineer or professional geologist, or equivalent licensed professional with experience in environmental engineering, hydrogeology, or other relevant technical discipline acceptable to the implementing agency; (b) The results of any sampling, testing, or monitoring must be maintained for at least one year, or for another reasonable period of time determined by the implementing agency, except as follows: (1) The results of annual operation tests conducted in accordance with § 280.40(a)(3) must be maintained for three years. At a minimum, the results must list each component tested, indicate whether each component tested meets criteria in § 280.40(a)(3) or needs to have action taken, and describe any action taken to correct an issue; and (2) The results of tank tightness testing conducted in accordance with § 280.43(c) must be retained until the next test is conducted; and (3) The results of tank tightness testing, line tightness testing, and vapor monitoring using a tracer compound placed in the tank system conducted in accordance with § 280.252(d) must be retained until the next test is conducted; and (c) Written documentation of all calibration, maintenance, and repair of release detection equipment permanently located on-site m… | ||||
| 40:40:29.0.1.1.10.5.47.1 | 40 | Protection of Environment | I | I | 280 | PART 280—TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS (UST) | E | Subpart E—Release Reporting, Investigation, and Confirmation | § 280.50 Reporting of suspected releases. | EPA | Owners and operators of UST systems must report to the implementing agency within 24 hours, or another reasonable period specified by the implementing agency, and follow the procedures in § 280.52 for any of the following conditions: (a) The discovery by owners and operators or others of released regulated substances at the UST site or in the surrounding area (such as the presence of free product or vapors in soils, basements, sewer and utility lines, and nearby surface water). (b) Unusual operating conditions observed by owners and operators (such as the erratic behavior of product dispensing equipment, the sudden loss of product from the UST system, an unexplained presence of water in the tank, or liquid in the interstitial space of secondarily contained systems), unless: (1) The system equipment or component is found not to be releasing regulated substances to the environment; (2) Any defective system equipment or component is immediately repaired or replaced; and (3) For secondarily contained systems, except as provided for in § 280.43(g)(2)(iv), any liquid in the interstitial space not used as part of the interstitial monitoring method (for example, brine filled) is immediately removed. (c) Monitoring results, including investigation of an alarm, from a release detection method required under §§ 280.41 and 280.42 that indicate a release may have occurred unless: (1) The monitoring device is found to be defective, and is immediately repaired, recalibrated or replaced, and additional monitoring does not confirm the initial result; (2) The leak is contained in the secondary containment and: (i) Except as provided for in § 280.43(g)(2)(iv), any liquid in the interstitial space not used as part of the interstitial monitoring method (for example, brine filled) is immediately removed; and (ii) Any defective system equipment or component is immediately repaired or replaced; (3) In the case of inventory control described in § 280.43(a), a second month of data does not confirm the initial result or the inve… | ||||
| 40:40:29.0.1.1.10.5.47.2 | 40 | Protection of Environment | I | I | 280 | PART 280—TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS (UST) | E | Subpart E—Release Reporting, Investigation, and Confirmation | § 280.51 Investigation due to off-site impacts. | EPA | When required by the implementing agency, owners and operators of UST systems must follow the procedures in § 280.52 to determine if the UST system is the source of off-site impacts. These impacts include the discovery of regulated substances (such as the presence of free product or vapors in soils, basements, sewer and utility lines, and nearby surface and drinking waters) that has been observed by the implementing agency or brought to its attention by another party. | ||||
| 40:40:29.0.1.1.10.5.47.3 | 40 | Protection of Environment | I | I | 280 | PART 280—TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS (UST) | E | Subpart E—Release Reporting, Investigation, and Confirmation | § 280.52 Release investigation and confirmation steps. | EPA | Unless corrective action is initiated in accordance with subpart F, owners and operators must immediately investigate and confirm all suspected releases of regulated substances requiring reporting under § 280.50 within 7 days, or another reasonable time period specified by the implementing agency, using either the following steps or another procedure approved by the implementing agency: (a) System test. Owners and operators must conduct tests (according to the requirements for tightness testing in §§ 280.43(c) and 280.44(b) or, as appropriate, secondary containment testing described in § 280.33(d)). (1) The test must determine whether: (i) A leak exists in that portion of the tank that routinely contains product, or the attached delivery piping; or (ii) A breach of either wall of the secondary containment has occurred. (2) If the system test confirms a leak into the interstice or a release, owners and operators must repair, replace, upgrade, or close the UST system. In addition, owners and operators must begin corrective action in accordance with subpart F of this part if the test results for the system, tank, or delivery piping indicate that a release exists. (3) Further investigation is not required if the test results for the system, tank, and delivery piping do not indicate that a release exists and if environmental contamination is not the basis for suspecting a release. (4) Owners and operators must conduct a site check as described in paragraph (b) of this section if the test results for the system, tank, and delivery piping do not indicate that a release exists but environmental contamination is the basis for suspecting a release. (b) Site check. Owners and operators must measure for the presence of a release where contamination is most likely to be present at the UST site. In selecting sample types, sample locations, and measurement methods, owners and operators must consider the nature of the stored substance, the type of initial alarm or cause for suspicion, the type of backfill, the depth … | ||||
| 40:40:29.0.1.1.10.5.47.4 | 40 | Protection of Environment | I | I | 280 | PART 280—TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS (UST) | E | Subpart E—Release Reporting, Investigation, and Confirmation | § 280.53 Reporting and cleanup of spills and overfills. | EPA | (a) Owners and operators of UST systems must contain and immediately clean up a spill or overfill and report to the implementing agency within 24 hours, or another reasonable time period specified by the implementing agency, and begin corrective action in accordance with subpart F of this part in the following cases: (1) Spill or overfill of petroleum that results in a release to the environment that exceeds 25 gallons or another reasonable amount specified by the implementing agency, or that causes a sheen on nearby surface water; and (2) Spill or overfill of a hazardous substance that results in a release to the environment that equals or exceeds its reportable quantity under CERCLA (40 CFR part 302). Pursuant to §§ 302.6 and 355.40 of this chapter, a release of a hazardous substance equal to or in excess of its reportable quantity must also be reported immediately (rather than within 24 hours) to the National Response Center under sections 102 and 103 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 and to appropriate state and local authorities under Title III of the Superfund Amendments and Reauthorization Act of 1986. (b) Owners and operators of UST systems must contain and immediately clean up a spill or overfill of petroleum that is less than 25 gallons or another reasonable amount specified by the implementing agency, and a spill or overfill of a hazardous substance that is less than the reportable quantity. If cleanup cannot be accomplished within 24 hours, or another reasonable time period established by the implementing agency, owners and operators must immediately notify the implementing agency. | ||||
| 40:40:29.0.1.1.10.6.47.1 | 40 | Protection of Environment | I | I | 280 | PART 280—TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS (UST) | F | Subpart F—Release Response and Corrective Action for UST Systems Containing Petroleum or Hazardous Substances | § 280.60 General. | EPA | Owners and operators of petroleum or hazardous substance UST systems must, in response to a confirmed release from the UST system, comply with the requirements of this subpart except for USTs excluded under § 280.10(b) and UST systems subject to RCRA Subtitle C corrective action requirements under section 3004(u) of the Resource Conservation and Recovery Act, as amended. | ||||
| 40:40:29.0.1.1.10.6.47.2 | 40 | Protection of Environment | I | I | 280 | PART 280—TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS (UST) | F | Subpart F—Release Response and Corrective Action for UST Systems Containing Petroleum or Hazardous Substances | § 280.61 Initial response. | EPA | Upon confirmation of a release in accordance with § 280.52 or after a release from the UST system is identified in any other manner, owners and operators must perform the following initial response actions within 24 hours of a release or within another reasonable period of time determined by the implementing agency: (a) Report the release to the implementing agency (e.g., by telephone or electronic mail); (b) Take immediate action to prevent any further release of the regulated substance into the environment; and (c) Identify and mitigate fire, explosion, and vapor hazards. | ||||
| 40:40:29.0.1.1.10.6.47.3 | 40 | Protection of Environment | I | I | 280 | PART 280—TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS (UST) | F | Subpart F—Release Response and Corrective Action for UST Systems Containing Petroleum or Hazardous Substances | § 280.62 Initial abatement measures and site check. | EPA | (a) Unless directed to do otherwise by the implementing agency, owners and operators must perform the following abatement measures: (1) Remove as much of the regulated substance from the UST system as is necessary to prevent further release to the environment; (2) Visually inspect any aboveground releases or exposed belowground releases and prevent further migration of the released substance into surrounding soils and groundwater; (3) Continue to monitor and mitigate any additional fire and safety hazards posed by vapors or free product that have migrated from the UST excavation zone and entered into subsurface structures (such as sewers or basements); (4) Remedy hazards posed by contaminated soils that are excavated or exposed as a result of release confirmation, site investigation, abatement, or corrective action activities. If these remedies include treatment or disposal of soils, the owner and operator must comply with applicable state and local requirements; (5) Measure for the presence of a release where contamination is most likely to be present at the UST site, unless the presence and source of the release have been confirmed in accordance with the site check required by § 280.52(b) or the closure site assessment of § 280.72(a). In selecting sample types, sample locations, and measurement methods, the owner and operator must consider the nature of the stored substance, the type of backfill, depth to groundwater and other factors as appropriate for identifying the presence and source of the release; and (6) Investigate to determine the possible presence of free product, and begin free product removal as soon as practicable and in accordance with § 280.64. (b) Within 20 days after release confirmation, or within another reasonable period of time determined by the implementing agency, owners and operators must submit a report to the implementing agency summarizing the initial abatement steps taken under paragraph (a) of this section and any resulting information or data. | ||||
| 40:40:29.0.1.1.10.6.47.4 | 40 | Protection of Environment | I | I | 280 | PART 280—TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS (UST) | F | Subpart F—Release Response and Corrective Action for UST Systems Containing Petroleum or Hazardous Substances | § 280.63 Initial site characterization. | EPA | (a) Unless directed to do otherwise by the implementing agency, owners and operators must assemble information about the site and the nature of the release, including information gained while confirming the release or completing the initial abatement measures in §§ 280.60 and 280.61. This information must include, but is not necessarily limited to the following: (1) Data on the nature and estimated quantity of release; (2) Data from available sources and/or site investigations concerning the following factors: Surrounding populations, water quality, use and approximate locations of wells potentially affected by the release, subsurface soil conditions, locations of subsurface sewers, climatological conditions, and land use; (3) Results of the site check required under § 280.62(a)(5); and (4) Results of the free product investigations required under § 280.62(a)(6), to be used by owners and operators to determine whether free product must be recovered under § 280.64. (b) Within 45 days of release confirmation or another reasonable period of time determined by the implementing agency, owners and operators must submit the information collected in compliance with paragraph (a) of this section to the implementing agency in a manner that demonstrates its applicability and technical adequacy, or in a format and according to the schedule required by the implementing agency. | ||||
| 40:40:29.0.1.1.10.6.47.5 | 40 | Protection of Environment | I | I | 280 | PART 280—TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS (UST) | F | Subpart F—Release Response and Corrective Action for UST Systems Containing Petroleum or Hazardous Substances | § 280.64 Free product removal. | EPA | At sites where investigations under § 280.62(a)(6) indicate the presence of free product, owners and operators must remove free product to the maximum extent practicable as determined by the implementing agency while continuing, as necessary, any actions initiated under §§ 280.61 through 280.63, or preparing for actions required under §§ 280.65 through 280.66. In meeting the requirements of this section, owners and operators must: (a) Conduct free product removal in a manner that minimizes the spread of contamination into previously uncontaminated zones by using recovery and disposal techniques appropriate to the hydrogeologic conditions at the site, and that properly treats, discharges or disposes of recovery byproducts in compliance with applicable local, state, and federal regulations; (b) Use abatement of free product migration as a minimum objective for the design of the free product removal system; (c) Handle any flammable products in a safe and competent manner to prevent fires or explosions; and (d) Unless directed to do otherwise by the implementing agency, prepare and submit to the implementing agency, within 45 days after confirming a release, a free product removal report that provides at least the following information: (1) The name of the person(s) responsible for implementing the free product removal measures; (2) The estimated quantity, type, and thickness of free product observed or measured in wells, boreholes, and excavations; (3) The type of free product recovery system used; (4) Whether any discharge will take place on-site or off-site during the recovery operation and where this discharge will be located; (5) The type of treatment applied to, and the effluent quality expected from, any discharge; (6) The steps that have been or are being taken to obtain necessary permits for any discharge; and (7) The disposition of the recovered free product. | ||||
| 40:40:29.0.1.1.10.6.47.6 | 40 | Protection of Environment | I | I | 280 | PART 280—TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS (UST) | F | Subpart F—Release Response and Corrective Action for UST Systems Containing Petroleum or Hazardous Substances | § 280.65 Investigations for soil and groundwater cleanup. | EPA | (a) In order to determine the full extent and location of soils contaminated by the release and the presence and concentrations of dissolved product contamination in the groundwater, owners and operators must conduct investigations of the release, the release site, and the surrounding area possibly affected by the release if any of the following conditions exist: (1) There is evidence that groundwater wells have been affected by the release (e.g., as found during release confirmation or previous corrective action measures); (2) Free product is found to need recovery in compliance with § 280.64; (3) There is evidence that contaminated soils may be in contact with groundwater (e.g., as found during conduct of the initial response measures or investigations required under §§ 280.60 through 280.64); and (4) The implementing agency requests an investigation, based on the potential effects of contaminated soil or groundwater on nearby surface water and groundwater resources. (b) Owners and operators must submit the information collected under paragraph (a) of this section as soon as practicable or in accordance with a schedule established by the implementing agency. | ||||
| 40:40:29.0.1.1.10.6.47.7 | 40 | Protection of Environment | I | I | 280 | PART 280—TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS (UST) | F | Subpart F—Release Response and Corrective Action for UST Systems Containing Petroleum or Hazardous Substances | § 280.66 Corrective action plan. | EPA | (a) At any point after reviewing the information submitted in compliance with §§ 280.61 through 280.63, the implementing agency may require owners and operators to submit additional information or to develop and submit a corrective action plan for responding to contaminated soils and groundwater. If a plan is required, owners and operators must submit the plan according to a schedule and format established by the implementing agency. Alternatively, owners and operators may, after fulfilling the requirements of §§ 280.61 through 280.63, choose to submit a corrective action plan for responding to contaminated soil and groundwater. In either case, owners and operators are responsible for submitting a plan that provides for adequate protection of human health and the environment as determined by the implementing agency, and must modify their plan as necessary to meet this standard. (b) The implementing agency will approve the corrective action plan only after ensuring that implementation of the plan will adequately protect human health, safety, and the environment. In making this determination, the implementing agency should consider the following factors as appropriate: (1) The physical and chemical characteristics of the regulated substance, including its toxicity, persistence, and potential for migration; (2) The hydrogeologic characteristics of the facility and the surrounding area; (3) The proximity, quality, and current and future uses of nearby surface water and groundwater; (4) The potential effects of residual contamination on nearby surface water and groundwater; (5) An exposure assessment; and (6) Any information assembled in compliance with this subpart. (c) Upon approval of the corrective action plan or as directed by the implementing agency, owners and operators must implement the plan, including modifications to the plan made by the implementing agency. They must monitor, evaluate, and report the results of implementing the plan in accordance with a schedule and in a format established by the i… | ||||
| 40:40:29.0.1.1.10.6.47.8 | 40 | Protection of Environment | I | I | 280 | PART 280—TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS (UST) | F | Subpart F—Release Response and Corrective Action for UST Systems Containing Petroleum or Hazardous Substances | § 280.67 Public participation. | EPA | (a) For each confirmed release that requires a corrective action plan, the implementing agency must provide notice to the public by means designed to reach those members of the public directly affected by the release and the planned corrective action. This notice may include, but is not limited to, public notice in local newspapers, block advertisements, public service announcements, publication in a state register, letters to individual households, or personal contacts by field staff. (b) The implementing agency must ensure that site release information and decisions concerning the corrective action plan are made available to the public for inspection upon request. (c) Before approving a corrective action plan, the implementing agency may hold a public meeting to consider comments on the proposed corrective action plan if there is sufficient public interest, or for any other reason. (d) The implementing agency must give public notice that complies with paragraph (a) of this section if implementation of an approved corrective action plan does not achieve the established cleanup levels in the plan and termination of that plan is under consideration by the implementing agency. | ||||
| 40:40:29.0.1.1.10.7.47.1 | 40 | Protection of Environment | I | I | 280 | PART 280—TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS (UST) | G | Subpart G—Out-of-Service UST Systems and Closure | § 280.70 Temporary closure. | EPA | (a) When an UST system is temporarily closed, owners and operators must continue operation and maintenance of corrosion protection in accordance with § 280.31, and any release detection in accordance with subparts D and K of this part. Subparts E and F of this part must be complied with if a release is suspected or confirmed. However, release detection and release detection operation and maintenance testing and inspections in subparts C and D of this part are not required as long as the UST system is empty. The UST system is empty when all materials have been removed using commonly employed practices 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, remain in the system. In addition, spill and overfill operation and maintenance testing and inspections in subpart C of this part are not required. (b) When an UST system is temporarily closed for 3 months or more, owners and operators must also comply with the following requirements: (1) Leave vent lines open and functioning; and (2) Cap and secure all other lines, pumps, manways, and ancillary equipment. (c) When an UST system is temporarily closed for more than 12 months, owners and operators must permanently close the UST system if it does not meet either performance standards in § 280.20 for new UST systems or the upgrading requirements in § 280.21, except that the spill and overfill equipment requirements do not have to be met. Owners and operators must permanently close the substandard UST systems at the end of this 12-month period in accordance with §§ 280.71 through 280.74, unless the implementing agency provides an extension of the 12-month temporary closure period. Owners and operators must complete a site assessment in accordance with § 280.72 before such an extension can be applied for. | ||||
| 40:40:29.0.1.1.10.7.47.2 | 40 | Protection of Environment | I | I | 280 | PART 280—TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS (UST) | G | Subpart G—Out-of-Service UST Systems and Closure | § 280.71 Permanent closure and changes-in-service. | EPA | (a) At least 30 days before beginning either permanent closure or a change-in-service under paragraphs (b) and (c) of this section, or within another reasonable time period determined by the implementing agency, owners and operators must notify the implementing agency of their intent to permanently close or make the change-in-service, unless such action is in response to corrective action. The required assessment of the excavation zone under § 280.72 must be performed after notifying the implementing agency but before completion of the permanent closure or a change-in-service. (b) To permanently close a tank, owners and operators must empty and clean it by removing all liquids and accumulated sludges. All tanks taken out of service permanently must: be removed from the ground, filled with an inert solid material, or closed in place in a manner approved by the implementing agency. (c) Continued use of an UST system to store a non-regulated substance is considered a change-in-service. Before a change-in-service, owners and operators must empty and clean the tank by removing all liquid and accumulated sludge and conduct a site assessment in accordance with § 280.72. The following cleaning and closure procedures may be used to comply with this section: (A) American Petroleum Institute Recommended Practice RP 1604, “Closure of Underground Petroleum Storage Tanks”; (B) American Petroleum Institute Standard 2015, “Safe Entry and Cleaning of Petroleum Storage Tanks, Planning and Managing Tank Entry From Decommissioning Through Recommissioning”; (C) American Petroleum Institute Recommended Practice 2016, “Guidelines and Procedures for Entering and Cleaning Petroleum Storage Tanks”; (D) American Petroleum Institute Recommended Practice RP 1631, “Interior Lining and Periodic Inspection of Underground Storage Tanks,” may be used as guidance for compliance with this section; (E) National Fire Protection Association Standard 326, “Standard for the Safeguarding of Tanks and Containers for Entry, Cleaning, or Repair”; … | ||||
| 40:40:29.0.1.1.10.7.47.3 | 40 | Protection of Environment | I | I | 280 | PART 280—TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS (UST) | G | Subpart G—Out-of-Service UST Systems and Closure | § 280.72 Assessing the site at closure or change-in-service. | EPA | (a) Before permanent closure or a change-in-service is completed, owners and operators must measure for the presence of a release where contamination is most likely to be present at the UST site. In selecting sample types, sample locations, and measurement methods, owners and operators must consider the method of closure, the nature of the stored substance, the type of backfill, the depth to groundwater, and other factors appropriate for identifying the presence of a release. The requirements of this section are satisfied if one of the external release detection methods allowed in § 280.43(e) and (f) is operating in accordance with the requirements in § 280.43 at the time of closure, and indicates no release has occurred. (b) If contaminated soils, contaminated groundwater, or free product as a liquid or vapor is discovered under paragraph (a) of this section, or by any other manner, owners and operators must begin corrective action in accordance with subpart F of this part. | ||||
| 40:40:29.0.1.1.10.7.47.4 | 40 | Protection of Environment | I | I | 280 | PART 280—TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS (UST) | G | Subpart G—Out-of-Service UST Systems and Closure | § 280.73 Applicability to previously closed UST systems. | EPA | When directed by the implementing agency, the owner and operator of an UST system permanently closed before December 22, 1988 must assess the excavation zone and close the UST system in accordance with this subpart if releases from the UST may, in the judgment of the implementing agency, pose a current or potential threat to human health and the environment. | ||||
| 40:40:29.0.1.1.10.7.47.5 | 40 | Protection of Environment | I | I | 280 | PART 280—TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS (UST) | G | Subpart G—Out-of-Service UST Systems and Closure | § 280.74 Closure records. | EPA | Owners and operators must maintain records in accordance with § 280.34 that are capable of demonstrating compliance with closure requirements under this subpart. The results of the excavation zone assessment required in § 280.72 must be maintained for at least three years after completion of permanent closure or change-in-service in one of the following ways: (a) By the owners and operators who took the UST system out of service; (b) By the current owners and operators of the UST system site; or (c) By mailing these records to the implementing agency if they cannot be maintained at the closed facility. | ||||
| 40:40:29.0.1.1.10.8.47.1 | 40 | Protection of Environment | I | I | 280 | PART 280—TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS (UST) | H | Subpart H—Financial Responsibility | § 280.90 Applicability. | EPA | (a) This subpart applies to owners and operators of all petroleum underground storage tank (UST) systems except as otherwise provided in this section. (b) Owners and operators of petroleum UST systems are subject to these requirements in accordance with § 280.91. (c) State and Federal government entities whose debts and liabilities are the debts and liabilities of a state or the United States are exempt from the requirements of this subpart. (d) The requirements of this subpart do not apply to owners and operators of any UST system described in § 280.10(b), (c)(1), (c)(3), or (c)(4). (e) If the owner and operator of a petroleum underground storage tank are separate persons, only one person is required to demonstrate financial responsibility; however, both parties are liable in event of noncompliance. | ||||
| 40:40:29.0.1.1.10.8.47.10 | 40 | Protection of Environment | I | I | 280 | PART 280—TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS (UST) | H | Subpart H—Financial Responsibility | § 280.99 Letter of credit. | EPA | (a) An owner or operator may satisfy the requirements of § 280.93 by obtaining an irrevocable standby letter of credit that conforms to the requirements of this section. The issuing institution must be an entity that has the authority to issue letters of credit in each state where used and whose letter-of-credit operations are regulated and examined by a federal or state agency. (b) The letter of credit must be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted: [Name and address of issuing institution] [Name and address of Director(s) of state implementing agency(ies)] Dear Sir or Madam: We hereby establish our Irrevocable Standby Letter of Credit No. ____ in your favor, at the request and for the account of [owner or operator name] of [address] up to the aggregate amount of [in words] U.S. dollars ($[insert dollar amount]), available upon presentation [insert, if more than one Director of a state implementing agency is a beneficiary, “by any one of you”] of (1) your sight draft, bearing reference to this letter of credit, No. ____ and (2) your signed statement reading as follows: “I certify that the amount of the draft is payable pursuant to regulations issued under authority of Subtitle I of the Solid Waste Disposal Act, as amended.” This letter of credit may be drawn on to cover [insert: “taking corrective action” and/or “compensating third parties for bodily injury and property damage caused by” either “sudden accidental releases” or “nonsudden accidental releases” or “accidental releases”] arising from operating the underground storage tank(s) identified below in the amount of [in words] $[insert dollar amount] per occurrence and [in words] $[insert dollar amount] annual aggregate: [List the number of tanks at each facility and the name(s) and address(es) of the facility(ies) where the tanks are located. If more than one instrument is used to assure different tanks at any one facility, for each tank covered by this instru… | ||||
| 40:40:29.0.1.1.10.8.47.11 | 40 | Protection of Environment | I | I | 280 | PART 280—TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS (UST) | H | Subpart H—Financial Responsibility | § 280.100 Use of state-required mechanism. | EPA | (a) For underground storage tanks located in a state that does not have an approved program, and where the state requires owners or operators of underground storage tanks to demonstrate financial responsibility for taking corrective action and/or for compensating third parties for bodily injury and property damage, an owner or operator may use a state-required financial mechanism to meet the requirements of § 280.93 if the Regional Administrator determines that the state mechanism is at least equivalent to the financial mechanisms specified in this subpart. (b) The Regional Administrator will evaluate the equivalency of a state-required mechanism principally in terms of: certainty of the availability of funds for taking corrective action and/or for compensating third parties; the amount of funds that will be made available; and the types of costs covered. The Regional Administrator may also consider other factors as is necessary. (c) The state, an owner or operator, or any other interested party may submit to the Regional Administrator a written petition requesting that one or more of the state-required mechanisms be considered acceptable for meeting the requirements of § 280.93. The submission must include copies of the appropriate state statutory and regulatory requirements and must show the amount of funds for corrective action and/or for compensating third parties assured by the mechanism(s). The Regional Administrator may require the petitioner to submit additional information as is deemed necessary to make this determination. (d) Any petition under this section may be submitted on behalf of all of the state's underground storage tank owners and operators. (e) The Regional Administrator will notify the petitioner of his determination regarding the mechanism's acceptability in lieu of financial mechanisms specified in this subpart. Pending this determination, the owners and operators using such mechanisms will be deemed to be in compliance with the requirements of § 280.93 for underground storage tanks lo… |
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title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
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