Chapter 50. Guam Underground Storage Tank Regulations

§ 501001. General Requirement for All UST Systems. 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 subchapter.

§ 501002. Designation of Class A, B, and C Operators. (a) UST system owners and operators must designate: (1) At least one Class A and one Class B operator for each UST or group of USTs at a facility; and (2) Each individual who meets the definition of Class C operator at the UST…

§ 501003. Requirements for Operator Training. (a) 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…

§ 501004. Timing of Operator Training. (a) An owner and operator must ensure that designated Class A, Class B, and Class C operators meet the requirements in

§ 501005. Retraining. (a) Class A and class B operators shall be retrained every two (2) years. Class C operators shall be retrained every three hundred sixty-five (365) calendar days. (b) Class A and Class B operators of UST systems determined by the agency to be out of complian…

§ 501006. Documentation. (a) 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 § 5…

§ 501007 to § 501010. [Reserved.] 178

§ 50101 to § 50109. [Reserved.]

§ 50110. Applicability. (a) The requirements of this chapter apply to all owners and operators of an UST system as defined in § 50112 except as otherwise provided in this section. (1) Airport hydrant fuel distribution systems, UST systems with field-constructed tanks, and UST sys…

§ 50111. Installation Requirements for Partially Excluded UST Systems. (a) Owners and operators must install an UST system listed in section 50110 (c)(1), (3), or (4) storing regulated substances (whether of single or double wall construction) that meets the following requirement…

§ 50112. Definitions. When used in this Article, the following terms have the meanings given below: (a) “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 sy…

§ 50113. Installation Requirements for Partially Excluded UST Systems--Codes of Practice. (a) The following current codes of practice may be used as guidance for complying with § 50111: (1) NACE International Standard Practice SP 0285, “External Corrosion Control of Underground S…

§ 50114 to § 50119. [Reserved.]

§ 501201 to § 501223. [Reserved.]

§ 501224. Permit Required. (a) No person shall install, operate, modify, or close an UST or tank system without first obtaining a permit from the Administrator. (b) The Administrator shall approve an application for a permit only if the applicant has submitted sufficient informat…

§ 501225. Application for Permit. (a) Every application for a permit shall be submitted to the agency on the “Application for an Underground Storage Tank Permit” form prescribed by the agency. (b) A permit fee in accordance with § 501236 shall accompany each application for a per…

§ 501226. Permit. (a) Upon approval of an application for a permit to install and operate an UST or tank system, the Administrator shall issue a permit for a term of one (1) year. (b) The owner or operator shall have one (1) year from the issuance of the permit to install an UST …

§ 501227. Permit Renewal. (a) On application, a permit may be renewed for a term of one (1) year. (b) A renewal fee in accordance with § 501236 shall accompany each application for renewal of a permit. (c) An application for a renewal shall be received by the agency at least sixt…

§ 501228. Action On and Timely Approval of Application for Permit. (a) The Administrator need not act upon nor consider any incomplete application for a permit. An application shall be deemed complete only when: (1) All required and requested information, including the applicatio…

§ 501229. Permit Conditions. The Administrator may impose conditions on a permit that the Administrator deems reasonably necessary to ensure compliance with this Article and any other relevant state requirement, including conditions relating to equipment, work practice, or operat…

§ 501230. Modification of Permit. (a) The Administrator may modify a permit if there is a change that requires a modification to an existing permit. Changes requiring a permit modification shall include but not be limited to: (1) The addition or removal of an UST from an UST syst…

§ 501231. Revocation or Suspension of Permit. (a) The Administrator may revoke or suspend a permit if the Administrator finds any one of the following: (1) There is a release or threatened release of regulated substances that the agency deems to pose an imminent and substantial r…

§ 501232. Change in Owner or Operator for a Permit. (a) Should a change in owner or operator of an UST or tank system occur, the new owner or operator shall complete and submit the “Notification for Underground Storage Tanks Permits” form prescribed by the Administrator. (b) The …

§ 501233. Variance Allowed. Provisions pursuant to this Article relating to USTs or tank systems which are more stringent than Title 40, Part 280 of the Code of Federal Regulations, published by the Office of the Federal Register, as amended as of July 1, 2017, may be varied by t…

§ 501234. Variance Application. (a) An application for a variance shall be submitted to the agency on the “Notification for Underground Storage Tanks Permits” form prescribed by the Administrator. (b) A variance fee in accordance with § 501236 shall accompany each application for…

§ 501235. Maintenance of Permit or Variance. (a) Permits and variances, including application records, shall be maintained at the location of the UST or tank system for which the permit was issued and shall be made available for inspection upon request of any duly authorized repr…

§ 501236. Fees. (a) Every applicant for a permit or a variance, or applicant for modification or renewal of a permit or variance, shall pay the applicable fees as set forth below: Type of Application Permit Variance Permit Application Fee per Tank (New $500.00 $550.00 Installatio…

§ 501237 to § 501240. [Reserved.] 185

§ 501301 to § 501321. [Reserved.]

§ 501322. Purpose. The purpose of this Article is to create an enforcement program that facilitates the effective and expeditious resolution of violations of 10 GCA Chapter 76 and this Chapter. 193…

§ 501323. Field Citations. (a) Field citations may be issued for violations of 10 GCA Chapter 76 and this Chapter, that the agency deems appropriate for resolution through the issuance of a field citation. Nothing in this section requires the agency to elect one enforcement mecha…

§ 501324. [Reserved.] [Reserved.]

§ 501325. [Reserved.] [Reserved.]

§ 501326. [Reserved.] [Reserved.] 194

§ 501327. [Reserved.] [Reserved.]

§ 501328. [Reserved.] [Reserved.]

§ 501329. [Reserved.] [Reserved.]

§ 501330. Delivery, Deposit, and Acceptance Prohibition. (a) No person shall deliver to, deposit into, or accept a regulated substance into an UST or tank system that has been identified by the agency as ineligible for delivery, deposit, or acceptance. (b) An UST or tank system s…

§ 50201. Performance Standards for UST Systems. (a) 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, owners and operators of UST systems must meet all applicable require…

§ 50202. Upgrading of UST Systems. (a) All UST systems must comply with one of the following requirements: (1) UST system performance standards in § 50201(b) to (d); (2) For airport hydrant fuel distribution systems and UST systems with field-constructed tanks installed on or bef…

§ 50203. [Reserved.] [Reserved.]

§ 50204. Tank and Piping Design for Hazardous Substances UST System. Owners and operators of hazardous substance UST systems must provide secondary containment for tanks and underground piping that meets the requirements of § 50205.…

§ 50205. Secondary Containment Design. (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 t…

§ 50206. Under-Dispenser Containment. (a) Dispenser systems installed on or after April 11, 2016, must have under-dispenser containment that meets the requirements in this subsection. Under-dispenser containment requirement must: (1) Be liquid-tight on its sides, bottom, and at a…

§ 50207. Performance Standards and Design for UST System - Code of Practice. (a) The following current codes of practice may be used to comply with § 50201(b)(1): (1) Underwriters Laboratories Standard 1316, “Glass- Fiber-Reinforced Plastic Underground Storage Tanks for Petroleum…

§ 50208 to § 50210. [Reserved.]

§ 50301. Spill and Overfill Control. (a) Owners and operators must ensure that releases due to spilling or overfilling do not occur. The owner and operator must 27 ensure that the volume available in the tank is greater than the volume of product to be transferred to the tank bef…

§ 50302. Operation and Maintenance of Corrosion Protection. (a) 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…

§ 50303. Compatibility. (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 agency at least thirty (30) days prior to switching to a regulated sub…

§ 50304. Repairs Allowed. (a) 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: (1) Repairs t…