nonsudden releases. States may finance
corrective action and compensation programs by
a fee on tank owners and operators.
The schedules for development of standards and
regulations are different for petroleum tanks and
hazardous substance tanks.
Petroleum
Hazardous
Chemicals
Study and
report to Congress
Standards for
new tanks
Regulation concerning
leak detection/
prevention and
corrective action
November 1985 November 1987
February 1987
February 1987
August 1987
August 1987
State Programs
Several states already have or are developing
regulatory programs for underground storage
tanks. The new law is designed to avoid
interfering with these state programs and to
encourage other states to press ahead with
control programs. States or local agencies will
be receiving the notifications described earlier.
By May 1987, states may apply to EPA for
authorization to operate an UST program. State
programs must include all the regulatory
elements of the federal program and provide for
adequate enforcement. After a 1- to 3-year grace
period, state requirements must be "no less
stringent" than federal requirements.
Inspection and Enforcement
Federal and state personnel are authorized to:
• Request pertinent information from tank
owners.
• Inspect and sample tanks.
• Monitor and test tanks and surrounding soils,
air, surface water, and ground water.
Federal enforcement is also included in the new
law. EPA may issue compliance orders for any
violation of the UST statute or regulations.
Offenders are subject to civil penalties of up to
$10,000 per tank for each day of violation.
EPAX
8606-9999
iiea iiaies iNovemoer
vironmental Protection! Agency 1985
ashmgton DC 20460
Jnderground
Storage Tanks
(UST)
The New
Federal Law
ENVIRONMENTAL
PROTECTION
AGENCY
DALLAS, TEXAS
LIBRARY
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There are from three to five million
underground tanks in the United States that
contain petroleum or "hazardous substances." It
has been estimated that thousands of these tanks
are currently leaking, and many more are
expected to leak within the next 5 years. There
is growing evidence that such tanks are a major
cause of groundwater contamination. Because
half the population of the United States depends
on groundwater as a source of drinking water,
the underground-storage-tank problem has been
recognized as one of national significance
requiring federal legislation.
Congress responded to the problem by
incorporating a new subtitle in the Hazardous
and Solid Waste Amendments of 1984, which
President Reagan signed on November 8, 1984.
This Subtitle I provides for the development and
implementation of a comprehensive regulatory
program for underground tanks that store
petroleum (including gasoline and crude oil)
and substances defined as hazardous under the
Comprehensive Environmental Response,
Compensation, and Liability Act of 1980
(CERCLA), often called the "Superfund" law.
"Underground storage tank" is defined as any
tank with at least 10 percent of its volume
below ground, including any pipes attached to
the tank. Thus, aboveground tanks with
extensive underground piping may be regulated
under the new law.
Subtitle I does not apply to:
• Tanks holding a hazardous waste regulated
under the RCRA hazardous waste program
(Subtitle C).
• Farm and residential tanks holding less than
1,100 gallons of motor fuel and used for
noncommercial purposes.
• Tanks storing heating oil for burning on the
premises where stored.
• Septic tanks.
• Pipelines regulated under other laws.
• Systems for collecting storm water and
wastewater.
• Flow-through process tanks.
• Liquid traps or associated gathering lines
related to operations in the oil and natural gas
industry.
• Tanks in an underground area such as a
basement if the tank is upon or above the
ciirfaro r\f tVio flnnr
The UST program defines the types of
tanks which may be installed, initiates a tank
notification program, requires EPA to issue
federal technical standards for all tanks,
coordinates federal and state efforts, and
provides for federal inspection and enforcement.
Requirements
for New Tanks
A provision banning installation of tanks that do
not meet certain minimum requirements went
into effect on May 7, 1985. No person may now
install an underground storage tank unless:
• It will prevent releases of the stored
substances due to corrosion or structural failure
for the operational life of the tank.
and
• It is cathodically protected against corrosion;
or constructed of noncorrosive material; or steel
clad with a noncorrosive material; or designed
to prevent the release or threatened release of
the stored substances.
and
• The material used in the construction or
lining of the tank is compatible with the
substance to be stored.
If the soil resistivity at the installation is greater
than 12,000 ohm-cm or more, a storage tank
without corrosion protection may be installed.
The maximum penalty is $10,000 per tank for
each day this provision is violated.
Notification
The new law calls for a notification program
that will affect thousands of tank owners. The
notification program requires actions by
distributors of regulated substances, sellers of
tanks, and owners of tanks taken out of
operation within the past 10 years but still in
the ground, as well as owners of operational
tanks. Notification must be made to designated
state or local agencies, not to EPA.
The major steps of the notification program and
their implementation schedule are:
• In May 1985, state governors designated the
state agencies to receive the notifications.
• On November 8, 1985, EPA promulgated
notification forms which require information on
the age, size, type, location, and uses of tanks.
Some states are requiring addenda to the EPA
form or are using a separate state form.
Notification forms are available from the state
agencies, not EPA.
• From December 8,1985 through June 8, 198
any person who deposits regulated substances
an underground storage tank must inform the
tank owner of the requirement to notify the st
agency.
• By May 8, 1986, owners of existing
underground storage tanks must submit
notification forms to the appropriate state
agency.
• By May 8, 1986, owners of underground
storage tanks taken out of operation after
January 1, 1974, but still in the ground, must
notify the state agency of each tank's age, date
taken out of operation, size, type, location, am
contents (type and quantity of substance left i
the tank).
• After May 1986, owners of newly installed
underground storage tanks must notify the stal
agency within 30 days after bringing the tank
into use.
• Within 30 days of the date on which EPA
issues new tank regulations (expected in 1987]
sellers of tanks must notify purchasers of the
need to notify the state agency.
Regulatory Program
Under new RCRA provisions, EPA must develi
and promulgate performance standards for nev
tanks, including but not limited to design,
construction, installation, release detection, an
compatibility.
The law also specifies that the leak
detection/prevention and corrective action
regulations must require owners/operators of
underground storage tanks to:
• Have methods for detecting releases.
• Keep records of the methods.
• Take corrective action in response to release
• Report releases and corrective actions taken.
• Provide for taking tanks out of service.
• Provide evidence, as EPA deems necessary c
desirable, of financial responsibility for taking
corrective action and compensating third partii
for injury or damages from sudden or
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