reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 175 - TECHNICAL REQUIREMENTS FOR UNDERGROUND STORAGE TANKS AND THE STORAGE, TRANSPORTATION, SALE AND USE OF PETROLEUM AND OTHER REGULATED SUBSTANCES › Subpart I - UST SYSTEMS WITH FIELD-CONSTRUCTED TANKS AND AIRPORT HYDRANT FUEL DISTRIBUTION SYSTEMS › Section 175.920 - Partial Exclusions for Aboveground Storage Tanks Associated with Airport Hydrant Systems and Field-Constructed Tanks

Current through Register Vol. 48, No. 28, July 12, 2024
Aboveground storage tanks (ASTs) associated with airport
				  hydrant systems and field-constructed tanks shall not be required to comply
				  with 41 Ill. Adm. Code 174, 175, 176 and 177, except that they are required to
				  comply with release reporting, response and corrective action requirements in
				  41 Ill. Adm. Code
				  176.300
				  through
				  176.360,
				  and shall comply with 41 Ill. Adm. Code 160 and 180, as applicable. These ASTs
				  shall also comply with the requirements for partially excluded USTs found at 41
				  Ill. Adm. Code
				  174.100 (definition
				  of underground storage tank system).
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 175 - TECHNICAL REQUIREMENTS FOR UNDERGROUND STORAGE TANKS AND THE STORAGE, TRANSPORTATION, SALE AND USE OF PETROLEUM AND OTHER REGULATED SUBSTANCES › Subpart I - UST SYSTEMS WITH FIELD-CONSTRUCTED TANKS AND AIRPORT HYDRANT FUEL DISTRIBUTION SYSTEMS › Appendix A - UST Activity that Cannot Proceed Without an OSFM Inspector on Site

Current through Register Vol. 48, No. 28, July 12, 2024
In addition to obtaining a permit pursuant to 41 Ill. Adm.
				  Code 175.300, the UST activities
				  listed in this Appendix A will require that the inspection be scheduled with
				  OSFM as an OSI, meaning under circumstances where the work cannot proceed in
				  the absence of having an STSS on site. (See Section
				  175.320, regarding scheduling of
				  UST activity.) Proceeding without completion of the required OSFM inspection is
				  a violation of OSFM rules.
Removal of a UST or UST system, or removal of an
							 entire underground pipe run
Abandonment-in-place, tanks or piping
UST hot work/tank entry (if cutting or penetration of
							 tank shell or work capable of providing a source of ignition or heat is
							 involved) (See definition of "hot work" at 41 Ill. Adm. Code
							 174.100)
Lining and lining inspection
Installation of a UST or UST system, or installation
							 of an entire underground pipe run (See Section
							 175.320(c))
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 175 - TECHNICAL REQUIREMENTS FOR UNDERGROUND STORAGE TANKS AND THE STORAGE, TRANSPORTATION, SALE AND USE OF PETROLEUM AND OTHER REGULATED SUBSTANCES › Subpart I - UST SYSTEMS WITH FIELD-CONSTRUCTED TANKS AND AIRPORT HYDRANT FUEL DISTRIBUTION SYSTEMS › Appendix C

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 176 - ADMINISTRATIVE REQUIREMENTS FOR UNDERGROUND STORAGE TANKS AND THE STORAGE, TRANSPORTATION, SALE AND USE OF PETROLEUM AND OTHER REGULATED SUBSTANCES › Subpart A - DEFINITIONS › Section 176.100 - Incorporation of Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
Unless otherwise provided in this Part, all terms in this
				  Part shall have the definitions provided by 41 Ill. Adm. Code
				  174.100.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 176 - ADMINISTRATIVE REQUIREMENTS FOR UNDERGROUND STORAGE TANKS AND THE STORAGE, TRANSPORTATION, SALE AND USE OF PETROLEUM AND OTHER REGULATED SUBSTANCES › Subpart B - FINANCIAL ASSURANCE › Section 176.200 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Bodily Injury" means bodily injury, sickness or disease
				  sustained by a person, including death at any time, resulting from a release of
				  petroleum from a UST.
"Occurrence" means an accident, including continuous or
				  repeated exposure to conditions, that results in a release of petroleum into
				  the environment from a UST.
"Property Damage" means physical injury to, destruction of,
				  or contamination of tangible property, including all resulting loss of use of
				  that property; or loss of use of tangible property that is not physically
				  injured, destroyed or contaminated, but has been evacuated, withdrawn from use,
				  or rendered inaccessible because of an occurrence.
"Provider of Financial Assurance" means an entity that
				  provides financial assurance to an owner or operator of a UST through one or
				  more mechanisms listed in Section
				  176.215,
				  including the fiduciary of a designated savings account.
"Tangible Net Worth" means the tangible assets that remain
				  after deducting total liabilities. These assets do not include intangibles such
				  as goodwill and rights to patents or royalties. For purposes of this
				  definition, "assets" means all existing and all probable future economic
				  benefits obtained or controlled by a particular entity as a result of past
				  transactions.
"Underground Storage Tank Trust Fund" or "UST Fund" means the
				  fund created as a special fund in the Illinois State Treasury at
				  415 ILCS
				  5/57.11.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 176 - ADMINISTRATIVE REQUIREMENTS FOR UNDERGROUND STORAGE TANKS AND THE STORAGE, TRANSPORTATION, SALE AND USE OF PETROLEUM AND OTHER REGULATED SUBSTANCES › Subpart B - FINANCIAL ASSURANCE › Section 176.205 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
a) This Subpart B
				applies to all owners or operators of USTs in the ground as of April 1, 1995
				and implements Section 6.1 of the Gasoline Storage Act [
				430 ILCS
				15/6.1 ], which imposes a State law financial
				assurance requirement of $20,000 per owner or operator.
b) All owners or operators of hazardous
				substance USTs are excluded from regulation under this Subpart B.
c) Although the UST Fund assists certain
				petroleum UST owners in paying for corrective action or third-party liability
				(see
				415
				ILCS 5/57.9 ), for purposes of this Subpart the UST
				Fund is not considered a mechanism for the financial responsibility compliance
				required under Section 6.1 of the Gasoline Storage Act as implemented by this
				Subpart.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 176 - ADMINISTRATIVE REQUIREMENTS FOR UNDERGROUND STORAGE TANKS AND THE STORAGE, TRANSPORTATION, SALE AND USE OF PETROLEUM AND OTHER REGULATED SUBSTANCES › Subpart B - FINANCIAL ASSURANCE › Section 176.210 - Amount

Current through Register Vol. 48, No. 28, July 12, 2024
Each owner or operator shall maintain financial
				  responsibility in the sum of $20,000, regardless of the number of USTs or
				  facilities owned or operated. This $20,000 shall be comprised as
				  follows:
a) $10,000 per occurrence for
				corrective action; and
b) $10,000
				per occurrence for third-party liability for bodily injury or property
				damage.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 176 - ADMINISTRATIVE REQUIREMENTS FOR UNDERGROUND STORAGE TANKS AND THE STORAGE, TRANSPORTATION, SALE AND USE OF PETROLEUM AND OTHER REGULATED SUBSTANCES › Subpart B - FINANCIAL ASSURANCE › Section 176.215 - Mechanisms of Financial Responsibility

Current through Register Vol. 48, No. 28, July 12, 2024
Under Section 6.1 of the Gasoline Storage Act, only the
				  following may be considered acceptable mechanisms for financial
				  responsibility:
a) Commercial or
				private insurance, including risk retention groups;
b) Self-insurance, if there is a tangible net
				worth of at least $200,000;
c)
				Guarantee;
d) Surety
				bond;
e) Letter of
				credit;
f) Certificate of
				deposit;
g) Designated savings
				account; or
h) Any combination of
				the mechanisms listed in this Section.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 176 - ADMINISTRATIVE REQUIREMENTS FOR UNDERGROUND STORAGE TANKS AND THE STORAGE, TRANSPORTATION, SALE AND USE OF PETROLEUM AND OTHER REGULATED SUBSTANCES › Subpart B - FINANCIAL ASSURANCE › Section 176.220 - Proof of Financial Responsibility

Current through Register Vol. 48, No. 28, July 12, 2024
a) Proof of financial responsibility for
				Section 176.215(a), (b), (c), (d) or (e)
				 shall be maintained on the respective OSFM
				forms, which may be complemented by industry customs and practices so long as
				the OSFM form language is utilized. The forms are available at
https://sfm.illinois.gov/about/divisions/petroleum-chemical-safety/applications-and-forms.html
.
				Any requirement to submit original documents to OSFM on third party instruments
				shall by governed by ISP 98 Form
				11.1 (Model Government Standby
				Form), incorporated by reference in 41 Ill. Adm. Code
				174.210.
b) Proof of financial responsibility for
				Section 176.215(f) or
				(g) shall be documented by written proof from
				the appropriate financial institution that is at all times current, as
				reflected by copies of the same records on file with the financial
				institution.
c) The forms
				referenced in subsection (a) shall be renewed on an annual basis.
d) A completed Certificate of Financial
				Responsibility indicating the financial responsibility mechanism chosen under
				Section 176.215 by the owner or
				operator, on forms provided by OSFM (available at the website cited in
				subsection (a)) shall be submitted electronically to OSFM on an annual basis,
				at the forms page for the Division of Petroleum and Chemical Safety at
https://sfm.illinois.gov/about/divisions/petroleum-chemical-safety/applications-and-forms.html
.
e) If a self-insurance mechanism (under
				Section 176.215(b)) is
				chosen, the facility shall submit copies of the required proof to OSFM on an
				annual basis, which shall include:
1) the
				annual Certificate of Financial Responsibility under subsection (d), indicating
				the financial responsibility mechanism chosen;
2) a letter by the owner's/operator's Chief
				Financial Officer that may include the items specified for this letter as
				stated in 40 CFR
				280.95, but must demonstrate at least a
				tangible net worth equal to or greater than $200,000;
3) a statement prepared by an independent
				public accountant that may include the financial criteria and requirements of
				40 CFR
				280.95, but must demonstrate at least a
				tangible net worth equal to or greater than $200,000.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 176 - ADMINISTRATIVE REQUIREMENTS FOR UNDERGROUND STORAGE TANKS AND THE STORAGE, TRANSPORTATION, SALE AND USE OF PETROLEUM AND OTHER REGULATED SUBSTANCES › Subpart B - FINANCIAL ASSURANCE › Section 176.225 - Substitution of Financial Responsibility Mechanisms by an Owner or Operator

Current through Register Vol. 48, No. 28, July 12, 2024
a) An owner or
				operator may substitute any alternative financial responsibility mechanism
				specified in Section
				176.215,
				provided that at all times the owner or operator maintains an effective
				financial responsibility mechanism or combination of mechanisms that satisfies
				the requirements of this Subpart.
b) After replacing a financial responsibility
				mechanism with a different mechanism specified in Section 176.215, an owner or
				operator may cancel the replaced financial responsibility mechanism by
				providing notice to the provider of financial assurance.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 176 - ADMINISTRATIVE REQUIREMENTS FOR UNDERGROUND STORAGE TANKS AND THE STORAGE, TRANSPORTATION, SALE AND USE OF PETROLEUM AND OTHER REGULATED SUBSTANCES › Subpart B - FINANCIAL ASSURANCE › Section 176.230 - Cancellation or Non-Renewal by a Provider of Financial Assurance

Current through Register Vol. 48, No. 28, July 12, 2024
a) Except as
				otherwise provided, a provider of financial assurance may cancel or fail to
				renew an assurance mechanism by sending notice of termination by certified mail
				to the owner or operator.
1) Termination of a
				guarantee, surety bond or letter of credit may not occur until 120 days after
				the date on which the owner or operator receives the notice of termination as
				evidenced by the return receipt.
2)
				Termination of commercial or private insurance or risk retention group coverage
				may not occur until 60 days after the date on which the owner or operator
				receives the notice of termination as evidenced by the return
				receipt.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 176 - ADMINISTRATIVE REQUIREMENTS FOR UNDERGROUND STORAGE TANKS AND THE STORAGE, TRANSPORTATION, SALE AND USE OF PETROLEUM AND OTHER REGULATED SUBSTANCES › Subpart B - FINANCIAL ASSURANCE › Section 176.240 - Recordkeeping

Current through Register Vol. 48, No. 28, July 12, 2024
a) Owners or
				operators shall maintain evidence of all financial responsibility mechanisms
				used to demonstrate financial responsibility (pursuant to this Subpart) for a
				UST until released from the requirements of this Subpart under Section
				176.245.
				An owner or operator shall maintain that evidence at the UST site or the
				owner's or operator's principal place of business. Records maintained off-site
				shall be made available upon written or oral request from OSFM.
b) An owner or operator shall maintain a copy
				of the following types of evidence of financial responsibility:
1) An owner or operator using a financial
				responsibility mechanism as specified in Section
				176.215
				shall maintain a copy of the instrument required under Section
				176.220.
2) An owner or operator using a financial
				test or guarantee shall maintain a copy of the chief financial officer's letter
				based on year-end financial statements for the most recent completed financial
				reporting year. This evidence shall be on file no later than 180 days after the
				close of the financial reporting year. The letter by the Chief Financial
				Officer shall be accompanied by the documents identified in Section
				176.220(e)(1)
				and (e)(3) and may include the items
				specified for this letter in
				40 CFR
				280.95, but must demonstrate at least a
				tangible net worth equal to or greater than $200,000.
3) An owner or operator using a commercial or
				private insurance policy or risk retention group coverage shall maintain a copy
				of the signed insurance policy or risk retention group coverage policy, with
				the endorsement or certificate of insurance and any amendments to the
				agreement.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 176 - ADMINISTRATIVE REQUIREMENTS FOR UNDERGROUND STORAGE TANKS AND THE STORAGE, TRANSPORTATION, SALE AND USE OF PETROLEUM AND OTHER REGULATED SUBSTANCES › Subpart B - FINANCIAL ASSURANCE › Section 176.245 - Release from the Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
An owner or operator is no longer required to maintain
				  financial responsibility pursuant to this Subpart for a UST after the UST has
				  been removed or abandoned-in-place, in accordance with 41 Ill. Adm. Code
				  175.830 and
				  175.840.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 176 - ADMINISTRATIVE REQUIREMENTS FOR UNDERGROUND STORAGE TANKS AND THE STORAGE, TRANSPORTATION, SALE AND USE OF PETROLEUM AND OTHER REGULATED SUBSTANCES › Subpart B - FINANCIAL ASSURANCE › Section 176.250 - Bankruptcy or Other Incapacity of Owner, Operator or Provider of Financial Assurance

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Within 10 days after commencement of a voluntary or involuntary proceeding for
				relief under the United States Bankruptcy Code (
				11
				USC 101 et seq.) naming an owner or operator
				as debtor, the owner or operator must notify OSFM by certified mail of that
				commencement and submit the appropriate forms listed in Section
				176.240(b),
				documenting current financial responsibility.
b) Within 10 days after commencement of a
				voluntary or involuntary proceeding for relief under the United States
				Bankruptcy Code naming a guarantor providing financial assurance as debtor, the
				guarantor must notify the owner or operator by certified mail of that
				commencement.
c) An owner or
				operator who obtains financial assurance by a mechanism other than the
				financial test of self-insurance will be deemed to be without the required
				financial responsibility in the event of a bankruptcy or incapacity of its
				provider of financial assurance or a suspension or revocation of the authority
				of the provider of financial assurance to issue a guarantee, commercial or
				private insurance policy, risk retention group coverage policy, surety bond,
				letter of credit or certificate of deposit or act as fiduciary of a designated
				savings account. The owner or operator must obtain alternative financial
				assurance as specified in Section
				176.215
				within 30 days after receiving notice of such an event.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 176 - ADMINISTRATIVE REQUIREMENTS FOR UNDERGROUND STORAGE TANKS AND THE STORAGE, TRANSPORTATION, SALE AND USE OF PETROLEUM AND OTHER REGULATED SUBSTANCES › Subpart C - RELEASE REPORTING AND SITE ASSESSMENT › Section 176.300 - Reporting of Suspected Releases

Current through Register Vol. 48, No. 28, July 12, 2024
a) Owners or operators of USTs shall
				immediately report to IEMA (from Illinois, 1-800-782-7860; from outside
				Illinois, 217/782-7860) and follow the procedures in Sections
				176.310,
				176.320(b)
				and (c) and
				176.350
				in any of the following situations:
1) The
				discovery by owners, operators, product delivery drivers 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 or utility lines
				or nearby surface water);
2)
				Unusual operating conditions observed by owners or operators (such as the
				erratic behavior of product dispensing equipment, the sudden loss of product
				from the UST or an unexplained presence of water in the tank, or liquid in the
				interstitial space of any secondarily contained systems), unless:
A) The system equipment or component is found
				not to be releasing regulated substances to the environment;
B) Any defective system equipment or
				component is immediately repaired or replaced; and
C) For secondarily contained systems, except
				as provided for in 41 Ill. Adm. Code
				175.630(f)(1)(B)(iv),
				any liquid in the interstitial space not used as part of the interstitial
				monitoring method (for example, brine filled) is immediately removed;
3) Monitoring results, including
				investigation of an alarm, from a release detection method required under 41
				Ill. Adm. Code
				175.620,
				175.630
				or 175.640 that indicate a release may have occurred, unless one or more of the
				following exists:
A) The monitoring device is
				found to be defective and is immediately repaired, recalibrated or replaced,
				and additional monitoring does not confirm the initial result;
B) The leak is contained in the secondary
				containment and:
i) Except as provided for in
				41 Ill. Adm. Code
				175.630(f)(1)(B)(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;
C) In the case of monthly
				inventory control, described in 41 Ill. Adm. Code 175. Subpart I, a second
				month of data does not confirm the initial result or the investigation
				determines that no release has occurred; or
D) The alarm was investigated and determined
				to be a nonrelease event (for example, from a power surge or caused by filling
				the tank during release detection testing).
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 176 - ADMINISTRATIVE REQUIREMENTS FOR UNDERGROUND STORAGE TANKS AND THE STORAGE, TRANSPORTATION, SALE AND USE OF PETROLEUM AND OTHER REGULATED SUBSTANCES › Subpart C - RELEASE REPORTING AND SITE ASSESSMENT › Section 176.310 - Release Investigation Reporting and Site Assessment

Current through Register Vol. 48, No. 28, July 12, 2024
a) Investigation Due to Off-Site Impact. When
				required in writing by OSFM, owners or operators of USTs shall follow the
				procedures in Subpart C to determine if the UST 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 or utility
				lines or nearby surface or drinking water that have been observed by OSFM or
				brought to its attention by another party.
b) Release Investigations and Confirmation
				Steps. Unless corrective action is initiated in accordance with 35 Ill. Adm.
				Code 734, owners or operators shall immediately investigate and within 7 days
				shall confirm the presence or absence of all suspected releases of regulated
				substances requiring reporting, using the following procedures:
1) System Test. Owners and operators must
				conduct tests (according to the requirements for precision testing in 41 Ill.
				Adm. Code
				175.630(b)
				and 175.640(a)(4) or, as appropriate, secondary containment testing described
				in 41 Ill. Adm. Code
				175.700(d).)
A) 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.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 176 - ADMINISTRATIVE REQUIREMENTS FOR UNDERGROUND STORAGE TANKS AND THE STORAGE, TRANSPORTATION, SALE AND USE OF PETROLEUM AND OTHER REGULATED SUBSTANCES › Subpart C - RELEASE REPORTING AND SITE ASSESSMENT › Section 176.320 - Initial Response and Reporting of Confirmed Releases

Current through Register Vol. 48, No. 28, July 12, 2024
Initial Response. Upon confirmation of a release of a
				  regulated substance, owners or operators shall perform the following initial
				  response actions:
a) Immediately
				report the release.
1) The release shall be
				reported by calling the 911 call center and then IEMA in the following
				situations:
A) Spills and overfills of
				petroleum products over 25 gallons and spills and overfills of hazardous
				substances over a reportable quantity as defined in 41 Ill. Adm. Code
				174.100.
B) Spills, overfills or confirmed releases
				that present a hazard to life, for example, when observations demonstrate the
				presence of petroleum or hazardous substance vapors in sewers or basements or
				free product near utility lines, or where a sheen is present on a body of
				water.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 176 - ADMINISTRATIVE REQUIREMENTS FOR UNDERGROUND STORAGE TANKS AND THE STORAGE, TRANSPORTATION, SALE AND USE OF PETROLEUM AND OTHER REGULATED SUBSTANCES › Subpart C - RELEASE REPORTING AND SITE ASSESSMENT › Section 176.340 - Reporting and Cleanup of Spills and Overfills

Current through Register Vol. 48, No. 28, July 12, 2024
a) Owners or operators of USTs shall contain
				and immediately clean up a spill or overfill, immediately report either release
				to the 911 call center and then to IEMA, begin initial response and initial
				abatement in accordance with Sections
				176.310,
				176.320
				and
				176.350,
				and begin corrective action pursuant to 35 Ill. Adm. Code 734, in the following
				situations:
1) Spill or overfill of petroleum
				that results in a release to the environment that exceeds 25 gallons or that
				causes a sheen on a nearby body of water; or
2) Spill or overfill of a hazardous substance
				that results in a release to the environment that equals or exceeds the
				reportable quantity (see 41 Ill. Adm. Code
				174.100 ). Under
				Section 176.320, this kind of release shall also be immediately reported to the
				Local Emergency Planning Committee and to the National Response
				Center.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 176 - ADMINISTRATIVE REQUIREMENTS FOR UNDERGROUND STORAGE TANKS AND THE STORAGE, TRANSPORTATION, SALE AND USE OF PETROLEUM AND OTHER REGULATED SUBSTANCES › Subpart C - RELEASE REPORTING AND SITE ASSESSMENT › Section 176.350 - Initial Release Abatement Measures

Current through Register Vol. 48, No. 28, July 12, 2024
Unless directed in writing to do otherwise by OSFM, owners or
				  operators shall perform the following release abatement measures:
a) Remove as much of the regulated substance
				from the UST as is necessary to prevent further release to the
				environment;
b) Visually inspect
				any aboveground release or exposed belowground release and prevent further
				migration of the released substance into surrounding soils and
				groundwater;
c) 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); and
d) 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 or operator shall comply with
				applicable State and local requirements.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 176 - ADMINISTRATIVE REQUIREMENTS FOR UNDERGROUND STORAGE TANKS AND THE STORAGE, TRANSPORTATION, SALE AND USE OF PETROLEUM AND OTHER REGULATED SUBSTANCES › Subpart C - RELEASE REPORTING AND SITE ASSESSMENT › Section 176.360 - Assessing the Site at Removal of, Previously Removed, Abandonment-in-Place or Change-in-Service of USTs

Current through Register Vol. 48, No. 28, July 12, 2024
a) Before the STSS leaves the site for the
				day and while the excavation for a removal is still open (prior to any backfill
				placed back into the excavation), prior to submitting a permit for
				abandonment-in-place or up through the day of the abandonment-in-place, or
				prior to a change in service from a regulated product to an unregulated
				product, the following procedures shall be conducted:
1) The owner or operator shall perform a site
				assessment using the procedures and requirements of Section
				176.330;
2) The owner or operator, or the owner or
				operator's designated representative, shall immediately report a release or
				suspected release, based upon a visual observation by STSS or upon a site
				assessment showing the existence of a release, to IEMA and any other entities
				required under Section
				176.320 and secure an incident
				number. If confirmation of the release is via a visual observation by STSS or
				otherwise confirmed while STSS is still on site, the incident number shall be
				provided to STSS at the conclusion of the removal or abandonment-in-place and
				prior to the departure of STSS.
3)
				If contaminated soils, contaminated groundwater or free product as a liquid or
				vapor, resulting from a UST release is discovered, the owner or operator shall
				begin initial response and initial abatement procedures in accordance with
				Sections 176.310,
				176.320 and
				176.350 and begin corrective
				action pursuant to 35 Ill. Adm. Code 734.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 176 - ADMINISTRATIVE REQUIREMENTS FOR UNDERGROUND STORAGE TANKS AND THE STORAGE, TRANSPORTATION, SALE AND USE OF PETROLEUM AND OTHER REGULATED SUBSTANCES › Subpart D - GENERAL TECHNICAL REQUIREMENTS, INCLUDING REPORTING, RECORDKEEPING AND NOTIFICATION › Section 176.400 - Delegation of Authority to Enforce UST Rules and Regulations

Current through Register Vol. 48, No. 28, July 12, 2024
Pursuant to
				  430 ILCS
				  15/2, OSFM has authority to delegate to the City of
				  Chicago enforcement of its UST rules and regulations.
a) The methods and procedures of this
				enforcement do not have to be identical with those of OSFM; however, OSFM has
				oversight concerning this enforcement.
b) Subject to the terms of a delegation
				agreement, when OSFM is expressly authorized to initiate enforcement action,
				the City of Chicago has concurrent authority.
c) The rules and regulations of the City of
				Chicago shall not be less stringent than 41 Ill. Adm. Code 174 through
				177.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 176 - ADMINISTRATIVE REQUIREMENTS FOR UNDERGROUND STORAGE TANKS AND THE STORAGE, TRANSPORTATION, SALE AND USE OF PETROLEUM AND OTHER REGULATED SUBSTANCES › Subpart D - GENERAL TECHNICAL REQUIREMENTS, INCLUDING REPORTING, RECORDKEEPING AND NOTIFICATION › Section 176.410 - General Requirement to Maintain All Equipment

Current through Register Vol. 48, No. 28, July 12, 2024
All equipment and other items shall be maintained in
				  accordance with 41 Ill. Adm. Code 174 through 176 and manufacturer's
				  instructions and otherwise shall be kept in good operating condition at all
				  times.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 176 - ADMINISTRATIVE REQUIREMENTS FOR UNDERGROUND STORAGE TANKS AND THE STORAGE, TRANSPORTATION, SALE AND USE OF PETROLEUM AND OTHER REGULATED SUBSTANCES › Subpart D - GENERAL TECHNICAL REQUIREMENTS, INCLUDING REPORTING, RECORDKEEPING AND NOTIFICATION › Section 176.420 - Requirement that UST Components Be Third Party Listed

Current through Register Vol. 48, No. 28, July 12, 2024
a) All installed UST components and ancillary
				equipment shall be third party listed (see 41 Ill. Adm. Code
				174.100 ) for their
				performance in the intended use, as well as installed and maintained according
				to the manufacturer's instructions. Replaceable subcomponents shall be of a
				type recommended by the manufacturer.
b) In addition to the requirement that all
				UST components be third party listed for their performance in the intended use,
				all UST components must also be third party listed or certified by the
				manufacturer as compatible with the product to be stored under 41 Ill. Adm.
				Code
				175.415.
				This would include third party listing requirements for components used with
				alternative or blended fuels and product compatibility requirements for
				hazardous substance USTs, see 41 Ill. Adm. Code
				175.415
				and
				175.620.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 176 - ADMINISTRATIVE REQUIREMENTS FOR UNDERGROUND STORAGE TANKS AND THE STORAGE, TRANSPORTATION, SALE AND USE OF PETROLEUM AND OTHER REGULATED SUBSTANCES › Subpart D - GENERAL TECHNICAL REQUIREMENTS, INCLUDING REPORTING, RECORDKEEPING AND NOTIFICATION › Section 176.430 - Reporting and Recordkeeping

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Reporting. Owners and operators must submit the following information to OSFM:
1) Notification for all USTs (Section
				176.440), which includes
				notification when any person assumes ownership of a UST system (Section
				176.440(g))
				;
2) Notification prior to UST
				systems switching to certain regulated substances (41 Ill. Adm. Code
				175.415(b))
				;
3) Certification of installation
				for USTs (Section 176.430(f))
				;
4) Reports of all releases,
				including suspected releases (Section
				176.300), spills and overfills
				(Section 176.340), and confirmed releases
				(Section 176.320) ;
5) Initial response, including leak
				abatement, site characterization, and fire and explosion mitigation
				(40 CFR
				280, subpart F, incorporated by reference in
				41 Ill. Adm. Code 174.210) when requested by
				OSFM;
6) A notification related to
				change-in-service (41 Ill. Adm. Code
				175.820(d))
				;
7) A completed Site Assessment
				Results form (Section
				176.330(c)), to
				be submitted to OSFM within 45 days after the receipt of laboratory data in
				connection with a site assessment; and
8) Proof of financial responsibility on an
				annual basis (Section
				176.220).
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 176 - ADMINISTRATIVE REQUIREMENTS FOR UNDERGROUND STORAGE TANKS AND THE STORAGE, TRANSPORTATION, SALE AND USE OF PETROLEUM AND OTHER REGULATED SUBSTANCES › Subpart D - GENERAL TECHNICAL REQUIREMENTS, INCLUDING REPORTING, RECORDKEEPING AND NOTIFICATION › Section 176.440 - Notification Requirements for Purposes of UST Registration

Current through Register Vol. 48, No. 28, July 12, 2024
a) For any UST, with the exception of a UST
				containing heating oil for consumptive use on the premises where stored:
1) Any owner of a UST in operation at any
				time after January 1, 1974, and in the ground as of September 24, 1987, shall
				submit immediately a notice of existence of the tank system to OSFM, on the
				electronic Notification for Underground Storage Tanks form and the accompanying
				Authorization to Submit provided by OSFM, available at the forms page for the
				Division of Petroleum and Chemical Safety at
https://sfm.illinois.gov/about/divisions/petroleum-chemical-safety/applications-and-forms.html
.
2) Any owner of a UST brought into operation
				on or after April 21, 1989 shall submit, within 30 days before bringing the
				tank into operation, a notice of existence of the tank system to OSFM, on the
				electronic Notification for Underground Storage Tanks form provided by OSFM at
				the website cited in subsection (a)(1). This applies even if the UST was
				subject to a change-in-service under 41 Ill. Adm. Code
				175.820(a) or
				(b) within the 30-day time period.
3) OSFM shall use the information required to
				be submitted under this subsection (a) to determine whether a UST must be
				registered.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 176 - ADMINISTRATIVE REQUIREMENTS FOR UNDERGROUND STORAGE TANKS AND THE STORAGE, TRANSPORTATION, SALE AND USE OF PETROLEUM AND OTHER REGULATED SUBSTANCES › Subpart D - GENERAL TECHNICAL REQUIREMENTS, INCLUDING REPORTING, RECORDKEEPING AND NOTIFICATION › Section 176.450 - UST Registration Fees

Current through Register Vol. 48, No. 28, July 12, 2024
a) For USTs, with the exception of USTs
				containing heating oil for consumptive use on the premises where stored, the
				owner of any petroleum or hazardous substance UST required to be registered
				with OSFM prior to September 24, 1987, and who did not do so, shall register
				and pay OSFM a registration fee of $500 per tank.. This fee is to be paid by
				check or money order made payable to Office of the State Fire Marshal, or
				electronic payment via the electronic Notification for Underground Storage
				Tanks form, available at the forms page for the Division of Petroleum and
				Chemical Safety at
https://sfm.illinois.gov/about/divisions/petroleum-chemical-safety/applications-and-forms.html
.
				For purposes of this subsection, "owner" refers only to the last owner as of
				September 23, 1987.
b) For USTs
				containing heating oil greater than 110 gallons for consumptive use on the
				premises where stored:
1) The owner of any
				heating oil UST in the ground as of September 6, 1991 who first registered the
				tank with OSFM prior to July 2, 1992 shall pay to OSFM a registration fee of
				$100 per tank. This fee is to be paid by check or money order made payable to
				Office of the State Fire Marshal, or electronic payment via the electronic
				Notification for Underground Storage Tanks form, available at the forms page
				for the Division of Petroleum and Chemical Safety at the website cited in
				subsection (a) or electronic payment via the electronic Notification for
				Underground Storage Tanks form, available at the forms page for the Division of
				Petroleum and Chemical Safety at the website cited in subsection (a).
2) The owner of any heating oil UST in the
				ground as of September 6, 1991 who first registered the tank with OSFM on or
				after July 2, 1992 (never having been registered) shall pay to OSFM a
				registration fee of $500 per tank. This fee is to be paid by check or money
				order made payable to Office of the State Fire Marshal, or electronic payment
				via the electronic Notification for Underground Storage Tanks form, available
				at the forms page for the Division of Petroleum and Chemical Safety at the
				website cited in subsection (a).
3)
				The owner who first registers a heating oil UST is responsible for the fee
				under either subsection (b)(1) or (b)(2), whichever is applicable, but not
				both.
4) The owner of any heating
				oil UST in the ground as of July 11, 1990, but removed prior to September 6,
				1991, although regulated, is not required to pay a registration fee.
5) The owner of any heating oil UST installed
				in the ground on or after July 2, 1992, although regulated, is not required to
				pay a registration fee.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 176 - ADMINISTRATIVE REQUIREMENTS FOR UNDERGROUND STORAGE TANKS AND THE STORAGE, TRANSPORTATION, SALE AND USE OF PETROLEUM AND OTHER REGULATED SUBSTANCES › Subpart D - GENERAL TECHNICAL REQUIREMENTS, INCLUDING REPORTING, RECORDKEEPING AND NOTIFICATION › Section 176.455 - Payment of 1988 Annual UST Fee

Current through Register Vol. 48, No. 28, July 12, 2024
The owner of any registered underground petroleum storage
				  tank (excluding heating oil USTs for consumptive use on the premises where
				  stored) in the ground at any time in 1988 and in operation at any time after
				  January 1, 1974 shall pay a 1988 annual fee of $100 per tank. This fee is to be
				  paid by check or money order made payable to "Office of the State Fire
				  Marshal", or electronic payment via the electronic Notification for Underground
				  Storage Tanks form, available at the forms page for the Division of Petroleum
				  and Chemical Safety at
https://sfm.illinois.gov/about/divisions/petroleum-chemical-safety/applications-and-forms.html
.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 176 - ADMINISTRATIVE REQUIREMENTS FOR UNDERGROUND STORAGE TANKS AND THE STORAGE, TRANSPORTATION, SALE AND USE OF PETROLEUM AND OTHER REGULATED SUBSTANCES › Subpart D - GENERAL TECHNICAL REQUIREMENTS, INCLUDING REPORTING, RECORDKEEPING AND NOTIFICATION › Section 176.460 - Pre-'74 and Heating Oil USTs

Current through Register Vol. 48, No. 28, July 12, 2024
USTs not in operation at any time after January 1, 1974
				  (commonly referred to as "pre-'74 USTs"), and non-farm and non-residential
				  heating oil USTs for consumptive use on the premises where stored, remain
				  classified as USTs and require a permit to be abandoned-in-place or removed and
				  are subject to all other applicable UST requirements, except for those
				  requirements specifically exempted by this Section or by Section
				  176.440.
a) Pursuant to Sections 2(3)(f) and
				4(b)(1)(A) of the Gasoline Storage Act, pre-'74 USTs are not required to be
				registered and need not be removed, unless the OSFM has determined that a
				release from the USTs poses a current or potential threat to human health and
				the environment.
b) In accordance
				with Section 57.5(g) of the Illinois Environmental Protection Act
				[415
				ILCS 5/57.5(g) ] and Section 4 of the
				Gasoline Storage Act, a heating oil UST for consumptive use on the premises
				where stored, regardless of when last in operation, is not required to be
				removed unless OSFM has determined that a release from the UST poses a current
				or potential threat to human health and the environment. However, the UST is
				subject to the notification requirements, as well as compliance with all other
				applicable Sections of 41 Ill. Adm. Code 175 and this Part.
c) Heating oil USTs installed prior to April
				1, 1995 are not required to meet the upgrade requirements for corrosion
				protection, spill and overfill prevention, and release detection in 41 Ill.
				Adm. Code 174 and 175 and this Part. Heating oil USTs installed after April 1,
				1995 must meet all current upgrade requirements outlined in 41 Ill. Adm. Code
				174 and 175 and this Part, including permitting.
d) If any pre-'74 tank, heating oil or
				otherwise, discovered during any activity is found to be damaged or is damaged
				at the time of discovery, it shall be removed. No structure shall be erected
				over pre-'74 tanks, heating oil or otherwise, and they must be removed by an
				OSFM-licensed contractor. All applicable permits apply.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 176 - ADMINISTRATIVE REQUIREMENTS FOR UNDERGROUND STORAGE TANKS AND THE STORAGE, TRANSPORTATION, SALE AND USE OF PETROLEUM AND OTHER REGULATED SUBSTANCES › Subpart D - GENERAL TECHNICAL REQUIREMENTS, INCLUDING REPORTING, RECORDKEEPING AND NOTIFICATION › Section 176.470 - Requirements for Conducting Precision Testing of Tanks and Piping, Cathodic Protection Testing, and Testing of Other UST Equipment

Current through Register Vol. 48, No. 28, July 12, 2024
Employees of an OSFM-licensed contractor conducting cathodic
				  protection testing shall be ICC certified in the appropriate module and be
				  licensed by OSFM pursuant to 41 Ill. Adm. Code 172. All employees of an
				  OSFM-licensed contractor conducting precision testing of tanks and piping shall
				  be ICC certified in the appropriate module or be certified by the manufacturer
				  of the testing equipment being used. All employees of an OSFM-licensed
				  contractor conducting only inspection and testing of UST equipment shall be
				  certified by the manufacturer of the testing equipment being used.
a) Tank precision test methods shall be
				evaluated and listed by an independent third-party. Proof of evaluation and
				listing shall be demonstrated by the methods being published in the NWGLDE
				publication "List of Leak Detection Evaluations for Storage Tank Systems",
				incorporated by reference in 41 Ill. Adm. Code
				174.210(a). All
				tank tightness methods are subject to approval by OSFM.
b) A certified employee of the OSFM-licensed
				contractor shall be on site and actively supervising the work at all times. For
				cathodic protection, that employee must be ICC certified in the cathodic
				protection module exam. For precision testing of tanks and piping, the employee
				of the OSFM-licensed contractor must be ICC certified in the appropriate module
				specified at 41 Ill. Adm. Code
				172.60(b) or be
				certified by the manufacturer in the testing of the equipment being evaluated
				for its operation in accordance with manufacturer's specifications. For
				inspection and testing of other UST equipment, the employee of the
				OSFM-licensed contractor must be certified by the manufacturer in the testing
				of the equipment being evaluated for its operation in accordance with
				manufacturer's specifications.
c)
				Each tester shall also abide by any other applicable requirements found in 41
				Ill. Adm. Code 172.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 176 - ADMINISTRATIVE REQUIREMENTS FOR UNDERGROUND STORAGE TANKS AND THE STORAGE, TRANSPORTATION, SALE AND USE OF PETROLEUM AND OTHER REGULATED SUBSTANCES › Subpart E - HEARINGS AND ENFORCEMENT PROCEDURES › Section 176.500 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Revocation of the Registration of an Underground Storage
				  Tank System" means termination by OSFM of the registration of a
				  UST.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 176 - ADMINISTRATIVE REQUIREMENTS FOR UNDERGROUND STORAGE TANKS AND THE STORAGE, TRANSPORTATION, SALE AND USE OF PETROLEUM AND OTHER REGULATED SUBSTANCES › Subpart E - HEARINGS AND ENFORCEMENT PROCEDURES › Section 176.505 - Enforcement Action

Current through Register Vol. 48, No. 28, July 12, 2024
Except in the case of an emergency administrative order, all
				  enforcement action shall begin with the issuance of an NOV by OSFM. The
				  violations cited on the NOV shall be corrected within 60 calendar days after
				  the issuance of the NOV. A copy of the NOV shall be left with any owner,
				  employee or agent of the owner at the facility at the time of inspection or may
				  be mailed or served by other legal process in the case of a closed or
				  unattended facility.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 176 - ADMINISTRATIVE REQUIREMENTS FOR UNDERGROUND STORAGE TANKS AND THE STORAGE, TRANSPORTATION, SALE AND USE OF PETROLEUM AND OTHER REGULATED SUBSTANCES › Subpart E - HEARINGS AND ENFORCEMENT PROCEDURES › Section 176.510 - Grounds and Time for Appeal

Current through Register Vol. 48, No. 28, July 12, 2024
An Administrative Order issued pursuant to the Gasoline
				  Storage Act or OSFM rules promulgated pursuant to that Act may be appealed in
				  accordance with this Subpart. An appeal of an Administrative Order issued
				  pursuant to this Section may only be requested within 10 days after receipt and
				  must be in writing. (See Section 2(3)(e) of the Gasoline Storage
				  Act.)
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 176 - ADMINISTRATIVE REQUIREMENTS FOR UNDERGROUND STORAGE TANKS AND THE STORAGE, TRANSPORTATION, SALE AND USE OF PETROLEUM AND OTHER REGULATED SUBSTANCES › Subpart E - HEARINGS AND ENFORCEMENT PROCEDURES › Section 176.515 - Notice of Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
Notice of the time and place for any hearing shall be given
				  to any party concerned at least 30 days prior to the hearing date. If an
				  attorney, through written communication, is known to represent any party to a
				  hearing, then notice is to be given to that attorney. Notice sent to the last
				  known address by U.S. Mail, registered or certified, addressed to all parties
				  concerned or their attorneys, when applicable, is sufficient.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 176 - ADMINISTRATIVE REQUIREMENTS FOR UNDERGROUND STORAGE TANKS AND THE STORAGE, TRANSPORTATION, SALE AND USE OF PETROLEUM AND OTHER REGULATED SUBSTANCES › Subpart E - HEARINGS AND ENFORCEMENT PROCEDURES › Section 176.520 - Continuances

Current through Register Vol. 48, No. 28, July 12, 2024
A hearing officer may, for good cause, grant a continuance at
				  the request of a party or a continuance on the hearing officer's own motion.
				  Good cause may include, but is not limited to, death or hospitalization of a
				  party or assigned counsel, natural disasters prohibiting attendance, and other
				  unforeseen circumstances. Requests by a party for continuances must be preceded
				  by contacting the opposing party and asking for agreement to the continuance.
				  At the direction of the hearing officer, a hearing may be adjourned to permit
				  further testimony or argument when beneficial to the development of a clear and
				  complete record. Scheduling conflicts of an attorney constitute grounds for a
				  continuance only when the conflict is with another judicial body. Any grant by
				  the Hearing Officer of a continuance sought by a party on less than two days
				  notice prior to the assigned hearing date may be conditioned upon that party
				  bearing any court reporting or other recording costs resulting from the
				  continuance.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 176 - ADMINISTRATIVE REQUIREMENTS FOR UNDERGROUND STORAGE TANKS AND THE STORAGE, TRANSPORTATION, SALE AND USE OF PETROLEUM AND OTHER REGULATED SUBSTANCES › Subpart E - HEARINGS AND ENFORCEMENT PROCEDURES › Section 176.525 - Appearances

Current through Register Vol. 48, No. 28, July 12, 2024
At hearings before OSFM, parties to a proceeding may
				  represent themselves or may be represented by an attorney licensed to practice
				  law in the State of Illinois. The failure of a party to be represented by an
				  attorney does not constitute grounds for a rehearing; likewise, the choice by
				  parties to be represented by themselves or designated individuals does not
				  constitute such grounds. For each party to the hearing, a written appearance
				  shall be filed at or before the start of the hearing.