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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