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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