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 ------- 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 ------- |