Illinois Administrative Code

Section 175.445 Fill Pipes a) Fill pipes shall be extended to a location outside of any building, as remote as possible from any doorway or other opening into any building, and in no case closer than 5 feet from any such opening. Remote fills are subject to approval by OSFM, on a…

Section 175.450 Pumps, Dispensers and Other Product Transfer Equipment a) Pumps. Petroleum and hazardous substances shall be transferred from tanks by means of fixed pumps designed and equipped to allow control of the flow and to prevent leakage or accidental discharge. Systems t…

Section 175.455 USTs Inside or Under Buildings a) The floor level under which a UST is located shall be above grade to prevent the flow of liquids or vapors into buildings, and the floors shall be of concrete or other fire resistant construction. b) Beginning April 1, 1995, no bu…

Section 175.460 Marinas a) Dispensing equipment at marine motor fuel dispensing facilities shall comply with the requirements of Section 175.450(e), with the additions or modifications specified in this Section. Marine motor fuel dispensing facilities shall also comply with Secti…

Section 175.465 Additional Requirements for Installation and Upgrade of USTs Installation and upgrade of USTs shall be properly conducted in accordance with 41 Ill. Adm. Code 172, 174, 175, 176 and 177 and manufacturer's recommended procedures and instructions. In addition, the f…

Section 175.500 Interior Lining and Lining Inspection of USTs a) Tank Lining Requirements. Lining of tanks shall no longer be allowed for all permit applications received on or after January 1, 2011. Existing lined tanks shall be allowed to use lining as a primary method of corro…

Section 175.510 Corrosion Protection In all situations, no matter which method is used to assess the integrity of the tank prior to addition of cathodic protection, the cathodic protection system being field installed in Illinois must be designed by a corrosion expert who is NACE…

Section 175.600 Owner/Operator Spill and Overfill Release Control Responsibilities a) Owners or operators shall ensure that releases due to spilling or overfilling do not occur. The owners or operators shall ensure that the volume available in the tank is greater than the volume …

Section 175.610 General Release Detection Requirements for All USTs a) Owners or operators of new and existing USTs shall provide a method, or combination of methods, of release detection that: 1) Can detect a release from the entire tank and any portion of the connected undergro…

Section 175.620 Release Detection Requirements for Hazardous Substance USTs a) Owners or operators of hazardous substance USTs, permitted prior to February 1, 2008, shall provide release detection that complies with Section 175.610 and 40 CFR 280.42, and shall be designed, constr…

Section 175.630 Methods of and Requirements for Release Detection for Tanks Owners and operators of petroleum USTs shall provide release detection on tanks. Only one approved method of primary release detection is required for each tank although multiple methods are acceptable. I…

Section 175.640 Methods of and Requirements for Release Detection for Piping Owners and operators of petroleum USTs shall provide release detection for all piping containing regulated substances. The release detection must meet the requirements specified in this Section. a) Press…

Section 175.650 Release Detection and Cathodic Protection Recordkeeping UST owners or operators shall maintain records in accordance with 41 Ill. Adm. Code 176.430, demonstrating compliance with all applicable Sections of this Subpart F. Unless stated otherwise below, all records…

Section 175.700 Repairs Allowed Owners and operators of USTs shall ensure that repairs will prevent releases due to structural failure or corrosion as long as the UST is used to store regulated substances. Any hole or penetration made into a tank, including, but not limited to, a…

Section 175.710 Emergency Repairs a) An emergency consists of a defect in a UST that is causing or threatens to cause harm to human health or the environment, or presents a threat to fire safety, and contact of the regulated substance with the defect cannot be prevented. In the e…

Section 175.720 Defective or Non-Compliant Equipment and Emergency Action by OSFM a) Pursuant to Section 6 of the Gasoline Storage Act [430 ILCS 15/6], whenever necessary or appropriate to assure that the public health or safety is not threatened, OSFM shall have the authority to…

Section 175.800 Removal, Abandonment-in-Place or Change-in-Service Records Owners or operators shall maintain records in accordance with 41 Ill. Adm. Code 176.430 that are capable of demonstrating compliance with removal, abandonment-in-place or change-in-service requirements und…

Section 175.810 Out of Service a) USTs may be put into an out of service status provided they meet the performance standards for new UST systems or the upgrading requirements specified in 41 Ill. Adm. Code 174, 175 and 176 and 40 CFR 280, except that spill and overfill prevention…

Section 175.820 Change-in-Service of USTs a) From a Regulated Substance to a Non-Regulated Substance. Continued use of a UST to store a non-regulated substance (so that it is no longer classified as a UST) is considered a change-in-service. Before a change-in-service, owners or o…

Section 175.830 Removal of USTs a) For tank and piping removals, the following requirements and procedures shall be followed: 1) Compliance with subsections (a)(2) through (a)(18) is the responsibility of the licensed contractor. 2) Except as otherwise provided in this Section, t…

Section 175.840 Abandonment-in-Place a) No tank or piping may be abandoned-in-place unless the permit applicant demonstrates eligibility for a waiver of the removal requirement for the tank and/or piping. The waiver shall be granted only in the following instances: 1) it would be…

Section 175.900 General Requirements 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, 2…

Section 175.910 Additions, Exceptions, and Alternatives for UST Systems with Field-Constructed Tanks and Airport Hydrant Systems a) Exception to piping secondary containment requirements. Owners and operators may use single-walled piping when installing or replacing piping associ…

Section 175.920 Partial Exclusions for Aboveground Storage Tanks Associated with Airport Hydrant Systems and Field-Constructed Tanks Aboveground storage tanks (ASTs) associated with airport hydrant systems and field-constructed tanks shall not be required to comply with 41 Ill. A…

Section 175.APPENDIX B The Type of OSFM Permit Required for Specific Permitted UST Activities Pursuant to Section 175.300 and 41 Ill. Adm. Code 174.440 and 174.450, the UST activities listed in this Appendix B will require the kinds of permits listed in this chart. A UST contract…

Section 176.100 Incorporation of Definitions Unless otherwise provided in this Part, all terms in this Part shall have the definitions provided by 41 Ill. Adm. Code 174.100. (Source: Amended at 42 Ill. Reg. 10621, effective October 13, 2018) SUBPART B: FINANCIAL ASSURANCE

Section 176.200 Definitions "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…

Section 176.205 Applicability 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…

Section 176.210 Amount 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) $10,0…

Section 176.215 Mechanisms of Financial Responsibility 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, i…

Section 176.220 Proof of Financial Responsibility 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 u…

Section 176.225 Substitution of Financial Responsibility Mechanisms by an Owner or Operator 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 effect…

Section 176.230 Cancellation or Non-Renewal by a Provider of Financial Assurance 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) T…

Section 176.235 Reporting by Owner or Operator (Repealed) (Source: Repealed at 42 Ill. Reg. 10621, effective October 13, 2018)

Section 176.240 Recordkeeping 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…

Section 176.245 Release from the Requirements 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.

Section 176.250 Bankruptcy or Other Incapacity of Owner, Operator or Provider of Financial Assurance 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 a…

Section 176.300 Reporting of Suspected Releases 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 followi…

Section 176.310 Release Investigation Reporting and Site Assessment 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 imp…

Section 176.320 Initial Response and Reporting of Confirmed Releases 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 rep…

Section 176.330 Procedures for Site Assessments a) All site assessments and related reports must be conducted or prepared under the supervision of a Licensed Professional Engineer or Licensed Professional Geologist. All site assessment work shall meet accepted engineering standar…

Section 176.340 Reporting and Cleanup of Spills and Overfills 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 acco…

Section 176.350 Initial Release Abatement Measures 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 …

Section 176.360 Assessing the Site at Removal of, Previously Removed, Abandonment-in-Place or Change-in-Service of USTs 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), pri…

Section 176.400 Delegation of Authority to Enforce UST Rules and Regulations Pursuant to 430 ILCS 15/2, OSFM is authorized to delegate enforcement of its UST rules and regulations to any municipality having a population over 500,000. Subject to the terms of the delegation agreeme…

Section 176.410 General Requirement to Maintain All Equipment 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.

Section 176.420 Requirement that UST Components Be Third Party Listed 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 th…