Jump to main content.

Emergency Planning and Community Right-to-Know Act (EPCRA) Gasoline and Diesel Fuel Thresholds: Frequent Questions

This page provides answers to the most commonly asked questions about the gasoline and diesel fuel thresholds, as published in February 1999.

Frequent Questions Disclaimer

 

Are State Emergency Response Commissions (SERCs), Local Emergency Planning Committees (LEPCs), or fire departments now required to determine if facilities are in compliance with UST requirements?

No. SERCs, LEPCs and fire departments are not required to make the determination themselves on whether a facility is in compliance with UST requirements. They may obtain compliance information from state UST programs.

Do facilities have to comply with the federal Underground Storage Tank (UST) requirements or with state UST requirements to be eligible to use the new gasoline and diesel fuel thresholds?

Facilities must comply with either federal UST requirements (40 CFR part 280) or, if applicable, the requirements of the state UST program approved by EPA under 40 CFR part 281.

How does temporary non-compliance with Underground Storage Tank (UST) requirements affect applicability of the new Emergency Planning and Community Right-to-Know Act (EPCRA) thresholds?

Retail gas stations that were not in compliance with all applicable UST requirements at any time during a calendar year may not apply the new thresholds for EPCRA reporting for that calendar year. The facility must be in compliance with UST requirements at all times during a particular calendar year to use the new thresholds for reporting for that year.

For purposes of using the new EPCRA gasoline and diesel fuel thresholds, when is a retail gas station considered "not in compliance" with Underground Storage Tank (UST) requirements?

A facility is not in compliance with the UST requirements (and therefore not eligible for the new EPCRA thresholds) when it first fails to meet the UST requirements. For example, if an owner or operator of a retail gas station has a tank system that was not in compliance with UST requirements that went into effect in December of 1998 (see 40 CFR 280.21(a) and 281.31), that owner or operator can not apply the new thresholds in today's rule for the EPCRA section 312 report that is due March 1, 1999.)

If a retail gas station stores gasoline or diesel fuel in both aboveground and underground tanks, what thresholds do they apply to determine if they have to report gasoline or diesel fuel? If they have to report, do they report all the gasoline and diesel fuel at the facility?

Any retail gas station that has at least 10,000 gallons of gasoline or diesel fuel stored in tanks that are not entirely underground must report on the total gasoline or diesel fuel at the facility, including any that is stored entirely underground. Similarly, any retail gas station that has at least 75,000 gallons of gasoline or 100,000 gallons of diesel fuel stored entirely underground must report on the total gasoline or diesel fuel at the facility, including any that is not stored entirely underground. In other words, whether the facility triggers the threshold for underground storage or for aboveground storage, they report on the total gasoline or diesel fuel at the facility.

What do state Underground Storage Tank (UST) offices need to know and to do?

In general, only the largest of retail gas stations will need to submit gas and diesel inventories for calendar year 1998 under this final regulation - most other owners/operators will no longer have to report under EPCRA Section 312. Regardless of whether retail gas stations qualify for the new gas and diesel EPCRA reporting threshold, these facilities must still report under state UST requirements. Because of this final regulation, UST offices may receive more requests for information and outreach assistance from SERCs. In turn, SERCs/LEPCs can be a valuable source of information on USTs not included in existing databases.

Where can state/local offices get contact names and addresses for their sibling agencies?

A list of state UST agencies is available from U.S. EPA's Office of Underground Storage Tanks. A list of SERCs and LEPCs is available from the Office of Emergency Management. You can also call the Superfund, TRI, EPCRA, RMP & Oil Information Center if you would prefer to have either the state UST agency or SERC list mailed to you.


Local Navigation

Jump to main content.