&EPA
United States
Environmental Protection
Agency
Solid Waste And
Emergency Response
5403W
EPA510-F-94-009
August 1994
UST Program Facts
State UST Programs
What is the role of states hi regulating
underground storage tanks?
The U.S. Environmental Protection Agency (EPA)
recognizes that, because of the size and diversity of
the regulated community, state and local
governments are in the best position to oversee
underground storage tanks (USTs):
• State and local authorities are closer to the
situation in their domain and are in the best
position to set priorities.
• Subtitle I of the Resource Conservation and
Recovery Act (RCRA) allows state UST
programs approved by EPA to operate in lieu
of the federal program.
• The state program approval regulations set
criteria for states to obtain the authority to
operate in lieu of the federal program. State
programs must be at least as stringent as
EPA's.
How do states receive program approval?
EPA's regional offices coordinate the state program
approval process for states and territories under
their jurisdiction. Ultimately, they approve the
programs, following federal standards.
EPA regional officials work closely with state
officials while state programs are under
development. Once state legislatures enact statutes
and state agencies develop regulations in accord
with EPA requirements and put other necessary
components of a program in place, states may
apply for formal approval. EPA must respond to
applications within 180 days.
A state program is approved if it is judged to meet
three criteria:
• It sets standards for eight performance criteria
that are no less stringent than federal standards.
• It contains provisions for adequate
enforcement.
• It regulates at least the same USTs as are
regulated under federal standards.
Which states have approved programs?
Fourteen states have approved programs: Georgia,
Kansas, Louisiana, Maine, Maryland, Mississippi,
Nevada, New Hampshire, New Mexico, North
Dakota, Oklahoma, Rhode Island, Vermont, and
Washington.
Which states may be next?
Since EPA regulations went into effect, cleanup has
been a priority for many states. Increasingly, states
are making program approval a priority. A total of
23 states have submitted drafts of state program
approval applications which EPA regional officials
are currently reviewing.
What are the benefits of state program
approval?
Because state programs operate in lieu of the
federal program, states that have an approved UST
program can eliminate an entire set of government
regulators from their regulated community.
Owners and operators do not have to deal with two
sets of statutes and regulations (state and federal)
that may be conflicting. States take pride in
obtaining federal approval of their programs.
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Once their programs are approved, states will have
the lead role in UST program enforcement. In
states without an approved program, EPA will
work with state officials in coordinating UST
enforcement actions.
Need more information about a particular
state's program?
Contact the EPA regional office or the UST/LUST
program in your state, usually located in the state
environmental department. Program staff will
provide information or referrals.
"State UST Programs " is one in a series of fact sheets
about underground storage tanks (USIs) and leaking
USIs. The series is designed to help EPA, other federal
officials, and state authorities answer the most frequently
asked questions about USIs with consistent, accurate
information in plain language. Keep the fact sheets
handy as a resource. This fact sheet addresses federal
regulations. You may need to refer to applicable state or
local regulations, as well For more information on
UST publications, call the RCRA/Superfund Hotline at
800424-9346.
Rvcyctod/Recyciabl*
Printed with Soy/Canola Ink on paper that
contains at toast 50% post-consumer recycled fiber
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