Cleanup Enforcement

The Resource Conservation and Recovery Act (RCRA) was amended in 1984 to address the problems of leaking underground storage tanks (UST) systems.

In 1986 Congress established the Leaking Underground Storage Tank (LUST) Trust Fund to:

• oversee cleanups by responsible parties,
• enforce cleanups by recalcitrant parties, and
• pay for cleanups at sites where the owner or operator is unknown, unwilling, or unable to respond, or which require emergency action.

State Administered Programs

Generally, a state is responsible for its own underground storage tank program and enforcement activities. EPA approves a state-administered underground storage tank programs if:

• the state requirements are no less stringent than the federal requirements, and
• the state can take adequate enforcement actions.

An approved state program operates in lieu of EPA's underground storage tank program. Visit your state's web page for information on state UST programs, laws and regulations.

EPA Enforcement Program

EPA takes enforcement action in response to an underground storage tank release if:

1. the release poses a major public health or environmental emergency:
2. the state or the owner/operator is unable to respond; and
3. the state requests assistance from EPA.

When an underground storage tank owner/operator fails to start or complete an appropriate cleanup for following an underground storage tank release, a corrective action order may be issued. RCRA Section 9003(h) authorizes EPA to issue administrative orders to compel owner/operators of leaking underground storage tanks to take specific corrective actions to:

• carry out investigative studies,
• take action to fix the tank and cleanup what was leaked, or
• close the underground storage tank.

Noncompliance with the order may result in further legal action, including penalties of up to $25,000 for each day of noncompliance.

Visit EPA's Underground Storage Tank Program web page for information on:

• Underground storage tank program priorities
• Laws, regulations, and documents related to underground storage tanks
• Cleanup processes and requirements for underground storage tanks
• Methyl Tertiary-Butyl Ether (MTBE) in gasoline
• How to identify and report releases from underground storage tanks
• Responsibilities and deadlines for underground storage tank owners and operators
• The Leaking Underground Storage Tank Trust Fund

EPA's RCRA Underground Storage Tank (UST) Enforcement web page provides information on statutory and regulatory enforcement of underground storage tanks under RCRA Subtitle I.

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