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0 9 <br /> A. WHO MUST COMPLY? <br /> A.1 Which Owners or Operators Must Be Covered? <br /> Either the owner or the operator of an UST containing petroleum must demonstrate financial <br /> responsibility,if the owner and operator are different individuals or organizations. It is the responsibility of <br /> the owner and operator to decide which one will demonstrate financial responsibility. Each is responsible if <br /> the FR requirements are not complied with by either party. <br /> Federal and state governments and their agencies that own USTs are not required to demonstrate <br /> financial responsibility if their debts and liabilities are the debts and liabilities of a state or the United States. <br /> The operator of an UST owned by such a federal or state government organization also is not required to <br /> demonstrate compliance. However,some USTs on federal or state land may not be owned by the federal or <br /> state agency that is responsible for the land. Such operator-owned tanks must demonstrate FR. In addition, <br /> the terms of contracts with concessionaires may require a demonstration of FR for USTs. Local government <br /> entities,moreover,must comply with the financial responsibility requirements for any USTs they own or <br /> operate. <br /> A.2 Which Tanks Must Be Covered? <br /> The federal UST regulations for financial responsibility apply only to underground tanks and piping <br /> that store petroleum. An UST is a tank and any underground piping connected to the tank that has at least 10 <br /> percent of its combined volume underground. <br /> The following tanks are NOT covered by the financial responsibility requirements: <br /> • Farm and residential tanks of 1,100 gallons or less capacity holding motor fuel used for <br /> noncommercial purposes; <br /> • Tanks storing heating oil used on the premises where it is stored; <br /> • Tanks on or above the floor of underground areas,such as basements or tunnels; <br /> • Septic tanks and systems for collecting storm water and wastewater; <br /> • Flow-through process tanks; <br /> • Tanks of 110 gallons or less capacity,and tanks holding a minimal concentration of petroleum; <br /> and <br /> • Emergency spill and overfill tanks. <br /> Other petroleum storage sites not covered by the federal financial responsibility requirements(such as surface <br /> impoundments and field-constructed tanks)are identified in the Code of Federal Regulations,40 CFR Part <br /> 280. <br /> November 30,1999 CHAPTER 2: OVERVIEW Page 7 <br />