United States
Environmental Protection
Agency
Solid Waste and Emergency
Response
(OS-420 WF)
EPA 510-F-93-008
April 1993
UST Program Facts
State UST Programs
States1 role in regulating underground
storage tanks (USTs)
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 USTs:
• State and local authorities are closer
to the situation in their domain and
arc 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 enforce EPA
regulations. State programs must be
at least as stringent as EPA's.
How states receive program approval
EPA's 10 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 stale 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.
States with approved programs
Ten states have approved programs:
Georgia, Louisiana, Maine, Maryland,
Mississippi, New Hampshire, New
Mexico, North Dakota, Oklahoma, and
Vermont.
State program approvals expected
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
20 to 25 states are expected to have
programs approved by October 1, 1993.
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States with Approved UST Programs
How states benefit from an approved
program
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 don't 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.
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.
Where to get 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
(USTs) and leaking USTs. The series is
designed to help EPA, other federal officials,
and state authorities answer the most
frequently asked questions about USTs with
consistent, accurate information in language
the layperson can understand. 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
RCRAlSuperfund Hotline at 800 424-9346.
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