40 CFR §280.40
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
- (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.
- (4)Meets the performance requirements in § 280.43, § 280.44, or subpart K of this part, as applicable, with any performance claims and their manner of determination described in writing by the equipment manufacturer or installer. In addition, the methods listed in § 280.43(b), (c), (d), (h), and (i), § 280.44(a) and (b), and subpart K of this part, must be capable of detecting the leak rate or quantity specified for that method in the corresponding section of the rule with a probability of detection of 0.95 and a probability of false alarm of 0.05.
- (b)When a release detection method operated in accordance with the performance standards in § 280.43, § 280.44, or subpart K of this part indicates a release may have occurred, owners and operators must notify the implementing agency in accordance with subpart E of this part.
- (c)Any UST system that cannot apply a method of release detection that complies with the requirements of this subpart must complete the closure procedures in subpart G of this part. For previously deferred UST systems described in subparts A and K of this part, this requirement applies after the effective dates described in § 280.10(a)(1)(ii) and (iii) and § 280.251(a).