Civil Enforcement

The diagram below represents the regulatory framework of Subtitle I, Underground Storage Tanks (USTs), of the Resource Conservation and Recovery Act (RCRA) as viewed from an enforcement perspective. Part 280 gives the requirements that relate to the to the technical standards, corrective action (remediation) and the requirements for owners and operators of the USTs. EPA's RCRA Enforcement Division (RED) develops and directs the enforcement program whereas the Office of Underground Storage Tanks (OUST) is responsible for the general regulatory program.

 

Underground Storage Tank Enforcement Requirements

The regulations under RCRA Part 280 provide the requirements for underground storage tanks and tank systems (USTs) and the facilities with underground storage tanks. The regulations are found in the corresponding entries of 40 C.F.R. 280-282. (Remember to use your brouser's Back button to return to this page if you follow this link.) There are enforcement components or requirements connected with each of the regulations. Corrective action or remediation of underground storage tanks and tanks systems is covered in Cleanup Enforcement on this web site.

EPA's Office of Underground Storage Tanks (OUST) develops and directs the management program under Subtitle I, Underground Storage Tanks.

Top of page

Brief descriptions of the UST requirements are as follows:

Subpart 280 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks.

Subpart A - Program Scope and Interim Prohibitions: The applicability of the regulations, the definitions of USTs, UST systems, and associated ancillary equipment, and the interim prohibitions for deferred UST systems are given in this subpart. The requirements cover UST systems which includes the underground piping and other attached underground valves, etc., when ten percent or more of the volume is beneath ground-level.

Subpart B - UST System Design, Construction, Installation, and Notification: This Subpart specifies the performance standards for new UST systems, addresses the upgrading of existing UST systems along with the upgrade requirements, and gives the owner/operator responsibility and requirements for Notification.

Top of page

Subpart C - General Operating Requirements: Spill and overfill control, operation and maintenance of corrosion protection equipment, compatibility, repairs allowed and reporting and recordkeeping are addressed here.

Subpart D - Release Detection: General requirements for all UST systems along with the requirements of petroleum UST systems and for hazardous substance UST systems are given, as well as the methods of release detection for petroleum UST systems and for hazardous waste UST system are provided here. Release detection recordkeeping is also addressed.

Subpart E - Release Reporting, Investigation, and Confirmation: Reporting requirements for suspected releases, investigations needed due to off-site impacts of releases, and confirmation step in release investigations are specified here. In addition, the reporting requirements and cleanup requirements for spills and overfills are found here.

Subpart F- Release Response and Corrective Action: This addresses release response, includes general information, the requirements for initial response and initial abatement measures, and initial site characterization. Free product removal, investigations needed for soil and groundwater cleanup, the Corrective Action Plan, and public participation in the cleanup process are also covered here. More information is covered in UST Corrective Action under Cleanup Enforcement.

Top of page

Subpart G - Out-of Service UST Systems and Closure: Closure requirements for out-of service UST systems, discussed here, include temporary closure, permanent closure and changes in use, the necessary site assessments, the applicability of the requirements to previously closed UST systems, and the closure record requirements.

Subpart H - Financial Responsibility: The applicability and requirements for the need of financial responsibility assurance are covered in this subpart. The various ways of showing that the requirements are being met are considered. Releases from the requirements, bankruptcy or other incapacity of the owner or operator or other financial responsibility provider to provide financial assurance are addressed, as well as recordkeeping requirements.

Subpart I - Lender Liability: The responsibilities and the liability of lending institutions involved in providing financial responsibility assurances for UST systems are covered in this subpart.

For a summary of the federally enforceable requirements for underground storage tanks, see the Underground Storage Tank Requirements Chart (PDF) (1 pg, 50K, About PDF)

Top of page