(d) If the need for a waiver is temporary, the waiver shall specify the date on which it will expire.

Source. (See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-18; ss by #12643, eff 10-10-18 (See Revision Note #2 at chapter heading for Env-Or 400)

Appendix A: State Statutes and Federal Statutes/Regulations Implemented

Rule Section(s)

State Statute(s) Implemented

Federal Statutes/Regulations Implemented

Env-Or 400 (also see specific parts/sections listed below)

RSA 146-C

42 U.S.C. Chapter 82, Subchapter IX;
40 CFR 280

Env-Or 404.01 - 404.02

RSA 146-C:3

42 U.S.C. 6991a(c); 40 CFR 280.22

Env-Or 404.03

RSA 146-C:3

40 CFR 280.22

Env-Or 404.04 - 404.05

RSA 146-C:3

42 U.S.C. 6991a(c); 40 CFR 280.22

Env-Or 404.06 - 404.08

RSA 146-C:4, I

Env-Or 404.09

RSA 146-C:5, I & II

40 CFR 280.34; 40 CFR 280.45

Env-Or 404.10

RSA 146-C:6

Env-Or 404.11

RSA 146-C:4, I

Env-Or 404.12

RSA 146-C:3, I(e);
RSA 146-C:7, III

42 U.S.C. 6991b(d);
40 CFR 280, Subpart H

Env-Or 404.13

RSA 146-C:11, I

42 U.S.C. 6991b(h)(6)(C)i

Env-Or 405.01 - 405.04

RSA 146-C:2

40 CFR 280.20(a) - (b)

Env-Or 405.05 - 405.09

RSA 146-C:2

40 CFR 280.30

Env-Or 405.10 - 405.11

RSA 146-C:2

40 CFR 280.31

Env-Or 406.01

RSA 146-C:2

40 CFR 280 Subpart D

Env-Or 406.02

RSA 146-C:2

40 CFR 280.43(g)

Env-Or 406.03

RSA 146-C:2; RSA 146-C:3;
RSA 146-C:4, I

40 CFR 280.30

Env-Or 406.04

RSA 146-C:2

40 CFR 280.50

Env-Or 406.05 - 406.07

RSA 146-C:2

40 CFR 280 Subpart D

Env-Or 406.08 - 406.16

RSA 146-C:2

40 CFR 280.40, .41, .43-.45, .50

Env-Or 406.17

RSA 146-C:2

Env-Or 406.18 - 406.19

RSA 146-C:5

40 CFR 280.31, .40

Env-Or 407.01 - 407.10

RSA 146-C:7, I

42 U.S.C. 6991a(i)(2)(B); 40 CFR 280.20, .21, .22

Env-Or 408.01 - 408.03

RSA 146-C:7, I

40 CFR 280.33

Env-Or 408.04 - 408.10

RSA 146-C:2

42 U.S.C. 6991a(c)(5); 40 CFR 280.70, .71

Env-Or 408.11

RSA 146-C:8

Env-Or 409

RSA 541-A:22, IV

Appendix B: Incorporation by Reference Information

Rule

Title (Date)

Obtain at:

Env-Or 403.02(a)

Env-Or 408.06(c)(2)a.

RP 1604, Closure of Underground Petroleum Storage Tanks (1996)

American Petroleum Institute

1220 L Street, NW

Washington, DC 20005-4070

(202) 682-8000

http://www.api.org

Env-Or 403.02(b)

Env-Or 407.05(c)(7)

Env-Or 407.08(b)

RP 1615, Installation of Underground Petroleum Storage Systems (2011)

Env-Or 403.02(c)

Env-Or 408.06(c)(2)b.

RP 1631, Interior Lining and Periodic Inspection of Underground Storage Tanks (2001)

Env-Or 403.02(d)

Env-Or 407.05(c)(8)

RP 1632, Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems (1996)

Env-Or 403.02(e)

Env-Or 408.06(c)(2)c.

STD 2015, Requirements for Safe Entry and Cleaning of Petroleum Storage Tanks (2001)

Env-Or 403.03(a)

Env-Or 405.02(h)(1)

ASME B31.3, Process Piping (2010)

ASME International
22 Law Drive

P.O. Box 2900

Fairfield, NJ 07007-2900

(800) 843-2763

http://www.asme.org

Env-Or 403.03(b)

Env-Or 405.02(h)(2)

ASME B31.4, Pipeline Transportation Systems for Liquid Hydrocarbons and Other Liquids (2009)

Env-Or 403.04(a)

Env-Or 408.01(f)(1)

Recommended Practice T-95-02, Remanufacturing of Fiberglass Reinforced Plastic (FRP) Underground Storage Tanks (1995)

Fiberglass Tank and Pipe Institute

8252 S. Harvard Avenue, Suite 102, Tulsa, OK 74137, (918) 809-6292

http://www.fiberglasstankandpipe.com

Env-Or 403.05(a)

Env-Or 405.10(b)(3)

SP0285-2011, Corrosion Control of Underground Storage Tank Systems by Cathodic Protection (2011)

NACE International

1440 South Creek Drive

Houston, TX 77084-4906

(281) 228-6223

http://www.nace.org

Env-Or 403.06(a)(1)

Env-Or 405.12(a)(3)

Env-Or 407.05(d)(1)

Env-Or 407.10(a)(1)

NFPA 30, Flammable and Combustible Liquids Code (As specified in State Fire Code)

National Fire Protection Association
1 Batterymarch Park
Quincy, MA 02169-7471

(800) 344-3555

http://www.nfpa.org

Env-Or 403.06(a)(2)

Env-Or 407.05(d)(2)

Env-Or 407.10(a)(2)

NFPA 30A, Motor Fuel Dispensing Facilities and Repair Garages (As specified in State Fire Code)

Env-Or 403.06(a)(3)

Env-Or 407.05(d)(3)

NFPA 31, Standard for the Installation of Oil-Burning Equipment (As specified in State Fire Code)

Env-Or 403.06(a)(4)

NFPA 37, Standard for the Installation and Use of Stationary Combustion Engines and gas Turbines (As specified in State Fire Code)

Env-Or 403.06(a)(5)

NFPA 70, National Electrical Code (As specified in State Fire Code)

Env-Or 403.06(a)(6)

NFPA 110, Standard for the Emergency and Standby Power Systems (As specified in State Fire Code)

Env-Or 403.06(a)(7)

Env-Or 407.10(a)(3)

NFPA 303, Marinas and Boatyards (As specified in State Fire Code)

Env-Or 403.06(a)(8)

Env-Or 407.05(d)(4)

NFPA 329, Recommended Practice for Handling Releases of Flammable and Combustible Liquids and Gases (2015)

Env-Or 403.07(a)

Env-Or 407.05(c)(1)

Env-Or 408.01(f)(2)

RP 100, Recommended Practices for Installation of Underground Liquid Storage Systems (2017)

Petroleum Equipment Institute
P.O. Box 2380
Tulsa, OK 74101-2380

(918) 494-9696

http://pei.org

Env-Or 403.07(b) Env-Or 407.05(c)(2)

RP 300, Recommended Practices for Installation and Testing of Vapor-Recovery Systems at Vehicle-Fueling Sites (2009)

Env-Or 403.07(c)

Env-Or 407.05(c)(3)

RP 500, Recommended Practices for Inspection and Maintenance of Motor Fuel Dispensing Equipment (2011)

Env-Or 403.07(d)

RP 700, Recommended Practices for Design and Maintenance of Fluid Distribution systems at Vehicle maintenance Facilities (2014)

Env-Or 403.07(e)
Env-Or 407.05(c)(4)

RP 800, Recommended Practices for Installation of Bulk Storage Plants (2008)

Env-Or 403.07(f)

RP 900, Recommended Practices for Inspection and maintenance of UST Systems (2017)

Env-Or 403.07(g)

Env-Or 407.05(c)(5)

RP 1000, Recommended Practices for the Installation of Marina Fueling Systems (2014)

Env-Or 403.07(h)

Env-Or 406.05(d)(1)

RP 1200, Recommended Practices for the Testing and Verification of Spill, Overfill, Leak Detection and Secondary Containment Equipment at UST Facilities (2012)

Env-Or 403.07(i)

RP 1300, Recommended Practices for the Design, Installation, Service, repair and maintenance of Aviation Fueling Systems (2013)

Env-Or 403.07(j)

Env-Or 407.05(c)(6)

RP 1400, Recommended Practices for the Design and Installation of Fueling Systems for Emergency Generators, Stationary Diesel Engines and Oil Burner Systems (2014)

Appendix C: Statutory Definitions

RSA 146-A:2:

III: “Oil” means petroleum products and their by-products of any kind, and in any form including, but not limited to, petroleum, fuel, sludge, crude, oil refuse or oil mixed with wastes and all other liquid hydrocarbons regardless of specific gravity and which are used as motor fuel, lubricating oil, or any oil used for heating or processing. The term "oil'' shall not include natural gas, liquified petroleum gas or synthetic natural gas regardless of derivation or source;

RSA 146-C:1:

II. “Discharge” means the release or addition of any oil or hazardous substance to land, groundwater or surface water.

IV. “Existing facility” means a facility the construction or installation of which began prior to September 17, 1985.

V. “Facility” means an assemblage of tanks, pipes, pumps, vaults, fixed containers, and appurtenant structures, singly or in any combination, which are used or designed to be used for the storage, transmission, or dispensing of oil or a hazardous substance, and which are within the size, capacity, and other specifications prescribed by rules adopted by the department pursuant to RSA 146-C:9, VI.

VII-a. “Hazardous substance” means material defined as a regulated substance under 42 U.S.C. 6991(2)(A) in addition to any material designated as a hazardous substance pursuant to RSA 146-C:9, VI-a.

X. “New facility” means a facility the construction or installation of which begins on or after September 17, 1985, including, but not limited to, facilities which replace existing facilities, facilities which are moved from one location to another, and facilities which are substantially modified after September 17, 1985.

XII. “Oil” means “oil” as defined in RSA 146-A:2.

XIII. “Operator” means the person who has responsibility for the care, custody, and control of the daily operation of a facility.

XIII-a. “Class A operator” means the individual or individuals designated by the owner to have primary statutory and regulatory responsibility for the operation and maintenance of the facility. The “class A operator” may hold more than one class of operator position.

XIII-b. “Class B operator” means the individual or individuals designated by the owner to implement applicable regulatory requirements and implement the daily aspects of the operation, maintenance, and recordkeeping for the facility. The "class B operator'' may hold more than one class of operator position.

XIII-c. “Class C operator” means the individual or individuals designated by the owner to have primary responsibility for responding to alarms, emergencies presented by spills or releases, and other problems associated with the operation of the facility. The "class C operator'' may hold more than one class of operator position.

XIV. “Owner” means the person in possession of or having legal ownership of a facility. In addition, for facilities no longer in use, "owner'' includes the person having had legal ownership of such facility immediately prior to discontinuance of its use.

XIV-a. “Person” means any individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, state and agencies thereof, municipality, commission, political subdivision of a state, interstate body, consortium, joint venture, commercial entity, the United States government and agencies thereof, and any other legal entity.

XV. “Residential building” means any house, apartment, trailer, manufactured housing, or other structure occupied by individuals as a domicile.

XVI. “Substantial modification” means the construction or installation of any addition to a facility or any restoration or renovation of a facility which: increases or decreases the on-site storage capacity of the facility; significantly alters the physical configuration of the facility; or impairs or improves the physical integrity of the facility or its monitoring systems. On-site abandonment is specifically excluded as a “substantial modification” of a facility.

XVIII. “Underground storage facility” means a facility or facility component that is 10 percent or more below the surface of the ground and is not fully visible for inspection.

RSA 485:1-a:

XV. “Public water system” means a system for the provision to the public of piped water for human consumption, if such system has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year. Such term includes (1) any collection, treatment, storage, and distribution facilities under control of the operator of such system and used primarily in connection with such system, and (2) any collection or pretreatment storage facilities not under such control which are used primarily in connection with such system. Any water system which meets all of the following conditions is not a public water system: (a) Consists only of distribution and storage facilities (and does not have any collection and treatment facilities); (b) Obtains all of its water from, but is not owned or operated by, a public water system; and (c) Does not sell water to any person.

RSA 485-A:2:

XIV. “Surface waters of the state” means perennial and seasonal streams, lakes, ponds, and tidal waters within the jurisdiction of the state, including all streams, lakes, or ponds bordering on the state, marshes, water courses, and other bodies of water, natural or artificial.

Appendix D: Excerpts from RSA 146-C

RSA 146-C:3 Registration of Underground Storage Facilities.

I. The owner of each existing underground storage facility shall register the facility with the department on forms provided by the department and shall provide the following information:

(e) Demonstration of financial responsibility pursuant to rules adopted under RSA 146-C:9, VII. Proof of eligibility for financial assistance under RSA 146-D shall satisfy the requirement of demonstration of financial responsibility under this subparagraph.

II. The owner of each existing underground storage facility shall register the facility with the department on forms provided by the department, and shall provide the following information to the extent that it may reasonably be available to the owner:

(g) Existing groundwater protection monitoring programs, if any.

1. (1) Any substance defined in section 101(14) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) of 1980 (but not including any substance regulated as a hazardous waste under subtitle C); and

2. (2) Petroleum, including crude oil or any fraction thereof that is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute). The term regulated substance includes but is not limited to petroleum and petroleum-based substances comprised of a complex blend of hydrocarbons, such as motor fuels, jet fuels, distillate fuel oils, residual fuel oils, lubricants, petroleum solvents, and used oils.

   § 280.20 Performance standards for new UST systems.

   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, all owners and operators of new UST systems must meet the following requirements. In addition, except for suction piping that meets the requirements of §280.41(b)(1)(ii)(A) through (E), tanks and piping installed or replaced after April 11, 2016 must be secondarily contained and use interstitial monitoring in accordance with §280.43(g). Secondary containment must be able to contain regulated substances leaked from the primary containment until they are detected and removed and prevent the release of regulated substances to the environment at any time during the operational life of the UST system. For cases where the piping is considered to be replaced, the entire piping run must be secondarily contained.

3. (a) Tanks. Each tank must be properly designed and constructed, and any portion underground that routinely contains product must be protected from corrosion, in accordance with a code of practice developed by a nationally recognized association or independent testing laboratory as specified below:

   1. (1) The tank is constructed of fiberglass-reinforced plastic; or

      Note to paragraph (a)(1). The following codes of practice may be used to comply with paragraph (a)(1) of this section:

      (A) Underwriters Laboratories Standard 1316, “Glass-Fiber-Reinforced Plastic Underground Storage Tanks for Petroleum Products, Alcohols, and Alcohol-Gasoline Mixtures”; or

      (B) Underwriter's Laboratories of Canada S615, “Standard for Reinforced Plastic Underground Tanks for Flammable and Combustible Liquids”.

   2. (2) The tank is constructed of steel and cathodically protected in the following manner:

      1. (i) The tank is coated with a suitable dielectric material;
      2. (ii) Field-installed cathodic protection systems are designed by a corrosion expert;
      3. (iii) Impressed current systems are designed to allow determination of current operating status as required in §280.31(c); and

      4. (iv) Cathodic protection systems are operated and maintained in accordance with §280.31 or according to guidelines established by the implementing agency; or

         Note to paragraph (a)(2). The following codes of practice may be used to comply with paragraph (a)(2) of this section:

         (A) Steel Tank Institute “Specification STI-P3® Specification and Manual for External Corrosion Protection of Underground Steel Storage Tanks”;

         (B) Underwriters Laboratories Standard 1746, “External Corrosion Protection Systems for Steel Underground Storage Tanks”;

         (C) Underwriters Laboratories of Canada S603, “Standard for Steel Underground Tanks for Flammable and Combustible Liquids,” and S603.1, “Standard for External Corrosion Protection Systems for Steel Underground Tanks for Flammable and Combustible Liquids,” and S631, “Standard for Isolating Bushings for Steel Underground Tanks Protected with External Corrosion Protection Systems”;

         (D) Steel Tank Institute Standard F841, “Standard for Dual Wall Underground Steel Storage Tanks”; or

         (E) NACE International Standard Practice SP 0285, “External Corrosion Control of Underground Storage Tank Systems by Cathodic Protection,” and Underwriters Laboratories Standard 58, “Standard for Steel Underground Tanks for Flammable and Combustible Liquids”.

   3. (3) The tank is constructed of steel and clad or jacketed with a non-corrodible material; or

      Note to paragraph (a)(3). The following codes of practice may be used to comply with paragraph (a)(3) of this section:

      (A) Underwriters Laboratories Standard 1746, “External Corrosion Protection Systems for Steel Underground Storage Tanks”;

      (B) Steel Tank Institute ACT-100® Specification F894, “Specification for External Corrosion Protection of FRP Composite Steel Underground Storage Tanks”;

      (C) Steel Tank Institute ACT-100-U® Specification F961, “Specification for External Corrosion Protection of Composite Steel Underground Storage Tanks”; or

      (D) Steel Tank Institute Specification F922, “Steel Tank Institute Specification for Permatank®”.

   4. (4) The tank is constructed of metal without additional corrosion protection measures provided that:

      1. (i) The tank is installed at a site that is determined by a corrosion expert not to be corrosive enough to cause it to have a release due to corrosion during its operating life; and
      2. (ii) Owners and operators maintain records that demonstrate compliance with the requirements of paragraph (a)(4)(i) of this section for the remaining life of the tank; or
   5. (5) The tank construction and corrosion protection are determined by the implementing agency to be designed to prevent the release or threatened release of any stored regulated substance in a manner that is no less protective of human health and the environment than paragraphs (a)(1) through (4) of this section.

4. (b) Piping. The piping that routinely contains regulated substances and is in contact with the ground must be properly designed, constructed, and protected from corrosion in accordance with a code of practice developed by a nationally recognized association or independent testing laboratory as specified below.

   1. (1) The piping is constructed of a non-corrodible material; or

      Note to paragraph (b)(1). The following codes of practice may be used to comply with paragraph (b)(1) of this section:

      (A) Underwriters Laboratories Standard 971, “Nonmetallic Underground Piping for Flammable Liquids”; or

      (B) Underwriters Laboratories of Canada Standard S660, “Standard for Nonmetallic Underground Piping for Flammable and Combustible Liquids”.

   2. (2) The piping is constructed of steel and cathodically protected in the following manner:

      1. (i) The piping is coated with a suitable dielectric material;
      2. (ii) Field-installed cathodic protection systems are designed by a corrosion expert;
      3. (iii) Impressed current systems are designed to allow determination of current operating status as required in §280.31(c); and

      4. (iv) Cathodic protection systems are operated and maintained in accordance with §280.31 or guidelines established by the implementing agency; or

         Note to paragraph (b)(2). The following codes of practice may be used to comply with paragraph (b)(2) of this section:

         (A) American Petroleum Institute Recommended Practice 1632, “Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems”;

         (B) Underwriters Laboratories Subject 971A, “Outline of Investigation for Metallic Underground Fuel Pipe”;

         (C) Steel Tank Institute Recommended Practice R892, “Recommended Practice for Corrosion Protection of Underground Piping Networks Associated with Liquid Storage and Dispensing Systems”;

         (D) NACE International Standard Practice SP 0169, “Control of External Corrosion on Underground or Submerged Metallic Piping Systems”; or

         (E) NACE International Standard Practice SP 0285, “External Corrosion Control of Underground Storage Tank Systems by Cathodic Protection”.

   3. (3) The piping is constructed of metal without additional corrosion protection measures provided that:

      1. (i) The piping is installed at a site that is determined by a corrosion expert to not be corrosive enough to cause it to have a release due to corrosion during its operating life; and
      2. (ii) Owners and operators maintain records that demonstrate compliance with the requirements of paragraph (b)(3)(i) of this section for the remaining life of the piping; or
   4. (4) The piping construction and corrosion protection are determined by the implementing agency to be designed to prevent the release or threatened release of any stored regulated substance in a manner that is no less protective of human health and the environment than the requirements in paragraphs (b)(1) through (3) of this section.

5. (c) Spill and overfill prevention equipment. (1) Except as provided in paragraphs (c)(2) and (3) of this section, to prevent spilling and overfilling associated with product transfer to the UST system, owners and operators must use the following spill and overfill prevention equipment:

   1. (i) Spill prevention equipment that will prevent release of product to the environment when the transfer hose is detached from the fill pipe (for example, a spill catchment basin); and

   2. (ii) Overfill prevention equipment that will:

      (A) Automatically shut off flow into the tank when the tank is no more than 95 percent full; or

      (B) Alert the transfer operator when the tank is no more than 90 percent full by restricting the flow into the tank or triggering a high-level alarm; or

      (C) Restrict flow 30 minutes prior to overfilling, alert the transfer operator with a high level alarm one minute before overfilling, or automatically shut off flow into the tank so that none of the fittings located on top of the tank are exposed to product due to overfilling.

   3. (2) Owners and operators are not required to use the spill and overfill prevention equipment specified in paragraph (c)(1) of this section if:

      1. (i) Alternative equipment is used that is determined by the implementing agency to be no less protective of human health and the environment than the equipment specified in paragraph (c)(1)(i) or (ii) of this section; or
      2. (ii) The UST system is filled by transfers of no more than 25 gallons at one time.
   4. (3) Flow restrictors used in vent lines may not be used to comply with paragraph (c)(1)(ii) of this section when overfill prevention is installed or replaced after October 13, 2015.
   5. (4) Spill and overfill prevention equipment must be periodically tested or inspected in accordance with §280.35.

6. (d) Installation. The UST system must be properly installed in accordance with a code of practice developed by a nationally recognized association or independent testing laboratory and in accordance with the manufacturer's instructions.

   Note to paragraph (d). Tank and piping system installation practices and procedures described in the following codes of practice may be used to comply with the requirements of paragraph (d) of this section:

   (A) American Petroleum Institute Publication 1615, “Installation of Underground Petroleum Storage System”;

   (B) Petroleum Equipment Institute Publication RP100, “Recommended Practices for Installation of Underground Liquid Storage Systems”; or

   (C) National Fire Protection Association Standard 30, “Flammable and Combustible Liquids Code” and Standard 30A, “Code for Motor Fuel Dispensing Facilities and Repair Garages”.

7. (e) Certification of installation. All owners and operators must ensure that one or more of the following methods of certification, testing, or inspection is used to demonstrate compliance with paragraph (d) of this section by providing a certification of compliance on the UST notification form in accordance with §280.22.

   1. (1) The installer has been certified by the tank and piping manufacturers; or
   2. (2) The installer has been certified or licensed by the implementing agency; or
   3. (3) The installation has been inspected and certified by a registered professional engineer with education and experience in UST system installation; or
   4. (4) The installation has been inspected and approved by the implementing agency; or
   5. (5) All work listed in the manufacturer's installation checklists has been completed; or
   6. (6) The owner and operator have complied with another method for ensuring compliance with paragraph (d) of this section that is determined by the implementing agency to be no less protective of human health and the environment.

8. (f) Dispenser systems. Each UST system must be equipped with under-dispenser containment for any new dispenser system installed after April 11, 2016.

   1. (1) A dispenser system is considered new when both the dispenser and the equipment needed to connect the dispenser to the underground storage tank system are installed at an UST facility. The equipment necessary to connect the dispenser to the underground storage tank system includes check valves, shear valves, unburied risers or flexible connectors, or other transitional components that are underneath the dispenser and connect the dispenser to the underground piping.
   2. (2) Under-dispenser containment must be liquid-tight on its sides, bottom, and at any penetrations. Under-dispenser containment must allow for visual inspection and access to the components in the containment system or be periodically monitored for leaks from the dispenser system.

III. The owner of a registered underground storage facility shall report any changes in the information provided under paragraph I or II within 10 days of the change.

IV. The registration required under this section shall be maintained for the life of the facility. A registration need not be maintained if the department has received written notice that the registered underground storage facility has been closed by approved procedures according to rules adopted pursuant to RSA 146-C:9, II(i). Any notice of closure shall include the date of such closure.

V. The department shall forward information compiled under this section to the federal Environmental Protection Agency pursuant to 42 U.S.C. 6991a(c).

RSA 146-C:4 Underground Storage Facility Permit Required.

I. No person shall own or operate an underground storage facility in this state without a permit issued by the department. The permit to operate may be revoked in accordance with RSA 541-A:30 for just cause, including, but not limited to, the operation or ownership of an underground storage facility in violation of the department's rules. The revocation shall not take effect until the owner or operator has had an opportunity to be heard by the council, provided such request is made within 20 days of the issuance of the department's decision to revoke the permit. Appeal of a decision revoking a permit to operate shall be governed by RSA 21-O:14. Any appeal brought pursuant to RSA 541 shall not stay a decision by the council which affirms the department's revocation of a permit.

II. The department shall issue or deny a permit to all facilities registered under RSA 146-C:3 within 90 days of the receipt of the complete registration information. A permit issued under this section shall be displayed on the premises of the underground storage facility at all times.

III. [Repealed.]

Appendix E: 40 CFR Provisions Referenced

§280.12 Definitions.

Regulated substance means: