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RCRA Underground Storage Tank (UST) Enforcement
- UST General Information
- UST Regulations
- UST Enforcement
- Other UST Information Sources
- State UST Laws and Regulations
Underground Storage Tanks (USTs) that contain hazardous substances and/or petroleum are regulated under Subtitle I of the Resource Conservation and Recovery Act of 1976 (RCRA). On the other hand, USTs containing hazardous wastes are regulated under Subtitle C of RCRA.
RCRA Subtitle I, at the federal level, regulates USTs and UST systems having at least 10 percent of their combined volume underground and that contain hazardous substances or petroleum. Subtitle I requires owner and/or operators to notify the appropriate agency of the existence of such USTs, provide a method of release detection, ensure that the tanks and piping are properly designed, constructed, and protected from corrosion, and ensure that compatibility and other performance standards are met. In addition there are requirements for reporting and recordkeeping and financial responsibility. The corrective action or clean up for releases of hazardous substances or petroleum from USTs is also included in Subtitle I.
The federal program excludes the following USTs and UST systems, although some of these may be regulated by the states under more strict requirements:
- Farm or residential tanks of 1,100 gallons or less capacity storing motor fuel for
noncommercial purposes
- Tanks storing heating oil for use on the premises where stored
- Septic tanks
- Tanks on or above the floor of underground areas, such as basements or tunnels
- Flow-through process tanks (i.e., tanks that are part of production processes and have a steady flow of materials through the tank during operation)
- Pipeline facilities
- Surface impoundments, pits, ponds, or lagoons
- Storm water or wastewater collection systems
- Liquid traps or associated gathering lines directly related to oil or gas production and gathering operations
- UST systems holding hazardous wastes listed or identified under RCRA Subtitle C, or a mixture of such wastes and regulated substances
- Wastewater treatment tank systems that are part of a wastewater treatment facility regulated under the Clean Water Act (CWA)
- Equipment or machinery that contains regulated substances for operational purposes, such as hydraulic left tanks and electrical equipment tanks
- UST systems with a capacity of 110 gallons or less
- UST systems that contain de minimis concentrations of regulated substances
- Emergency spill or overflow containment UST systems that are expeditiously emptied after use
The following tanks have been deferred at the federal level from the requirements for design and installation, operation, release detection, release reporting and investigation, closure and financial responsibility:
- Wastewater treatment tank systems
- UST systems containing radioactive materialregulated under the Atomic Energy Act of 1954 (AEA)
- UST systems that are part of an emergency generator system at nuclear power generation facilities regulated by the Nuclear Regulatory Commission (NRC)
- Airport hydrant fuel distribution systems
- UST systems with field-constructed tanks
- UST systems that store fuel solely for use by emergency power generators are deferred from the release detection requirements only
New UST regulations and requirements went into effect as of December 22, 1998. They require that existing USTs and UST systems meet upgraded requirements because of the need to further protect the public health and the environment. New USTs and UST systems must meet these new requirements upon installation. Further information is available from the following:
Federal UST Regulations
- Who must comply with the federal UST requirements?
Owners and/or operators of USTs or UST systems or the owners and/or operators of the facilities where they are located must ensure that the tanks or tank systems meet the regulatory requirements. Once the upgrade requirements have been met, it is important that the owners/operators comply with the notification, recordkeeping, and release detection requirements. The state requirements must be met if they are broader in scope or more stringent than the federal requirements.
- What are the federal civil enforcement actions and penalties for noncompliance?
Under RCRA Subtitle I, the enforcement actions generally correspond with those for RCRA noncompliance. In addition, federal and state inspectors have the authority to issue field citations for minor and non-repeat UST violations. These are similar to "traffic tickets" and allow for expedited settlements.
EPA is authorized to assess civil penalties for violations of the UST requirements. In general, penalty amounts for field citiations are lower but facilities must pay the penalty and come into compliance in a shorter timeframe.
State Underground Storage Tank (UST) Laws and Regulations
The Resource Conservation and Recovery Act (RCRA) provides the federal government with the authority to authorize states to implement and enforce UST programs as long as the state programs are as stringent or broader in scope than the federal regulations. Most states have their UST Laws and Regulations available on their web sites.
The authorized states conduct the majority of inspections and initiate enforcement actions with regard to the UST requirements. State regulations often differ from the federal regulations and requirements. If you have questions about regulations and requirements, it is advisable for you to contact your state's regulatory agency.
State and Territorial UST Programs
Other Information Sources
EPA Underground Storage Tank General Information
Federal UST Enforceable Requirements
Federal UST Requirements Summary Chart (PDF) (1 pg, 50.9KB, About PDF)
RCRA Underground Storage Tank Cleanup Enforcement
Environmental Appeals Board (EAB) RCRA UST Penalty Appeals
Administrative Law Judge (ALJ) Decisions and Orders (RCRA)