Chapter 50. Guam Underground Storage Tank Regulations

§ 50308. Periodic Inspection and Maintenance of Under- Dispenser Containment Sensing Devices. (a) Sensing devices for under-dispenser containment required by § 50206 must: (1) Be operated and maintained in accordance with one of the following: (A) The manufacturer’s instructions;…

§ 50309. General Operating Requirements – Codes of Practice. (a) The following current codes of practice may be used to comply with § 50301(a): (1) the transfer procedures described in National Fire Protection Association Standard 385; (2) “Standard for Tank Vehicles for Flammabl…

§ 50310. [Reserved.]

§ 50401. General Requirements for All UST Systems. (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 contai…

§ 50402. Requirements for Petroleum UST Systems. (a) Tanks. Owners and operators of petroleum UST systems must provide release detection for tanks as follows: (1) UST systems other than airport hydrant fuel distribution systems and UST systems with field- constructed tanks: (A) T…

§ 50403. Requirements for Hazardous Substance UST Systems. Owners and operators of hazardous substance UST systems must monitor these systems in accordance with § 50404(a)(7) at least every thirty (30) calendar days. In addition, underground piping that conveys hazardous substanc…

§ 50404. Methods of Release Detection for Tanks. (a) Each method of release detection for tanks used to meet the requirements of § 50401 to § 50403 must be conducted in accordance with the following: (1) Inventory control. Product inventory control (or another test of equivalent …

§ 50405. Methods of Release Detection for Piping. (a) Each method of release detection for piping used to meet the requirements of § 50401 to § 50403 must be conducted in accordance with the following: (1) Automatic line leak detectors. Methods which alert the operator to the pre…

§ 50406. Release Detection Recordkeeping. (a) All UST system owners and operators must maintain records in accordance with § 50305 demonstrating compliance with all applicable requirements of this subchapter. These records must include the following: (1) All written performance c…

§ 50407. Release Detection - Code of Practice. (a) The following current code of practice may be used to comply with § 50401(a)(4): (1) Petroleum Equipment Institute Publication RP1200, “Recommended Practices for the Testing and Verification of Spill, Overfill, Leak Detection and…

§ 50408 to § 50410. [Reserved.]

§ 50501 and § 50503, spills and overfills § 50504, and confirmed releases § 50602; (2) Release response actions planned or taken, including initial abatement measures § 50603, initial site characterization § 50604, free product removal § 50605, investigation of soil and groundwat…

§ 50502. Investigation of Off-site Impacts. When required by the agency, owners and operators of UST systems must follow the procedures in § 50503 to determine if the UST system is the source of off-site impacts. These impacts include the discovery of regulated substances (such a…

§ 50503. Release Investigation and Confirmation Steps. (a) Unless release response action is initiated in accordance with Article 6, owners and operators must immediately investigate and confirm all suspected releases of regulated substances requiring reporting under § 50501 with…

§ 50504. Reporting and Cleanup of Spills and Overfill. (a) Owners and operators of UST systems must contain and immediately clean up all spills and overfills in a manner which is protective of human health and the environment as set forth in § 50606.3. (b) Owners and operators mu…

§ 50505 to § 50510. [Reserved.] D IV . 10 – G UAM U NDERGROUND S TORAGE T ANK C H . 50 – G UAM U NDERGROUND S TORAGE T ANK R EGULATIONS 63

§ 50601. General. 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 Article, except for USTs excluded under § 50110(b) and UST systems subject to RCRA Subtitle C …

§ 50602. Immediate Response Action. (a) Upon confirmation of a release in accordance with § 50503 or after a release from the UST system is identified in any other manner, owners and operators must perform the following response actions within twenty-four (24) hours: (1) Report t…

§ 50602.1. Posting of Signs. (a) If the agency determines that posting of signs is appropriate, owners and operators shall post signs around the perimeter of the site informing passersby of the potential hazards. In this instance, “site” means an area where contamination poses an…

§ 50603. Initial Abatement Measures and Site Assessment. (a) Unless directed to do otherwise by the agency, owners and operators must perform the following abatement measures: (1) Continue to remove as much of the regulated substance from the UST system as is necessary to prevent…

§ 50604. Initial Site Characterization. (a) 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 § 50601 and § 50602. This information…

§ 50605. Free Product Removal. (a) At sites where investigations under § 50603(a)(6) indicate the presence of free product, owners and operators must remove free product to the maximum extent practicable as determined by the agency while continuing, as necessary, any D IV . 10 – …

§ 50606. Investigation for Soil and Groundwater Cleanup. (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 and surface water, owners and operators m…

§ 50606.1. Notification of Confirmed Release. (a) Within ninety (90) calendar days following confirmation of a release, the owner and operator shall notify those members of the public directly affected by the release in writing of the release and the proposed response to the rele…

§ 50606.2. Release Response Reporting. (a) No later than ninety (90) calendar days following the confirmation of a release, owners and operators must submit to the agency a written report in the format specified by the agency. The report must include: (1) All release response act…

§ 50606.3. Site Cleanup Criteria. (a) Owners and operators must remediate soil, surface water, and groundwater, and materials contaminated by releases from USTs or tank systems in a manner that is protective of human health and the environment and achieves cleanup as described in…

§ 50607. Corrective Action. (a) The agency may require that the owner and operator submit a written corrective action plan for responding to a release, if one or more of the following minimum threshold criteria are met: (1) Actual or probable release to groundwater which is a dri…

§ 50608. Public Participation for Corrective Action Plans. (a) The agency shall conduct public participation activities in accordance with subsections (c) through (h) when: (1) A corrective action plan required pursuant to 50607(a) has been submitted and the agency has made a ten…

§ 50609 to § 50610. [Reserved.] D IV . 10 – G UAM U NDERGROUND S TORAGE T ANK C H . 50 – G UAM U NDERGROUND S TORAGE T ANK R EGULATIONS 68

§ 50701. Temporary Closure. (a) When an UST system is temporarily closed, owners and operators must continue operation and maintenance of corrosion protection in accordance with § 50302, and applicable release detection in accordance with Article 4. Articles 5 and 6 must be compl…

§ 50702. Permanent Closure and Change-in-Service. (a) At least thirty (30) calendar days before beginning either permanent closure or a change-in-service of an UST or tank system under subsections (c) and (d), owners and operators must notify the agency in writing of their intent…

§ 50703. Assessing the Site at Closure or Change-in-Service. (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 typ…

§ 50704. Applicability to Previously Closed UST Systems. (a) When directed by the 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 Article if releases from …

§ 50705. Closure Records. (a) Owners and operators must maintain records in accordance with § 50305 that are capable of demonstrating compliance with closure requirements under this Article. The results of the excavation zone assessment required in § 50703 must be maintained for …

§ 50706. Closure--Code of Practice. (a) The following current cleaning and closure procedures may be used to comply with § 50702: (1) American Petroleum Institute Recommended Practice RP 1604, “Closure of Underground Petroleum Storage Tanks”; (2) American Petroleum Institute Stan…

§ 50707 to § 50720. [Reserved.]

§ 50801. Applicability. (a) This Article applies to owners and operators of all petroleum underground storage tank (UST) systems except as otherwise provided in this section. (b) State and federal government entities whose debts and liabilities are the debts and liabilities of a …

§ 50802. [Reserved.] [Reserved.]

§ 50803. Definition of Terms. When used in this Article, the following terms have the meanings given below: (a) “Accidental release” means any sudden or nonsudden release of petroleum arising from operating an underground storage tank system that results in a need for release res…

§ 50804. Amount and Scope of Required Financial Responsibility. (a) Owners or operators of petroleum USTs or tank systems must demonstrate financial responsibility for taking corrective action and for compensating third parties for bodily injury and property damage caused by acci…

§ 50805. Allowable Mechanism and Combinations of Mechanisms. (a) Subject to the limitations of subsections (b) and (c): (1) An owner or operator, including a local government owner or operator, may use any one or combination of the mechanisms listed in §§ 50806 through 50814 to d…

§ 50806. Financial Test of Self-Insurance. (a) An owner or operator, and/or guarantor, may satisfy the requirements of § 50804, Guam Administrative Rules and Regulations by passing a financial test as specified in this section. To pass the financial test of self-insurance, the ow…

§ 50807. Guarantee. (a) An owner or operator may satisfy the requirements of § 50804 by obtaining a guarantee that conforms to the requirements of this section. The guarantor must be: (1) A firm that: (A) Possesses a controlling interest in the owner or operator; (B) Possesses a …

§ 50808. Insurance and Risk Retention Group Coverage. (a) An owner or operator may satisfy the requirements of § 50804, Guam Administrative Rules and Regulations by obtaining liability insurance that conforms to the requirements of this section from a qualified insurer or risk re…

§ 50809. Surety Bond. (a) An owner or operator may satisfy the requirements of § 50804, Guam Administrative Rules and Regulations by obtaining a surety bond that conforms to the requirements of this section. The surety company issuing the bond must be among those listed as accept…

§ 50810. Letter of Credit. (a) An owner or operator may satisfy the requirements of § 50804, Guam Administrative Rules and Regulations by obtaining an irrevocable standby letter of credit that conforms to the requirements of this section. The issuing institution must be an entity…

§ 50811. [Reserved.] [Reserved.]