General Description

Summary of Federal Requirements

• farm or residential tank of 1100 gal or less capacity used for storing motor fuel for noncommercial purposes
• tank used for storing heating oil for consumptive use on the premises where stored
• septic tanks
• pipeline facility (including gathering lines) that are regulated by other acts
• surface impoundment, pit, pond, or lagoon
• stormwater or waste water collection system
• flow-through process tank
• liquid trap or associated gathering lines directly related to oil or gas production and gathering operations
• storage tank situated in an underground area if the storage tank is situated upon or above the surface of the floor such as basements or tunnels
• tanks holding 110 gal or less
• emergency spill and overfill tanks.

Existing UST systems (i.e., one used to contain an accumulation of regulated substances on or before 22 December 1988 or one for which installation commenced on or before 22 December 1998) were required to meet the standards for new USTs, be upgraded, or closed by 22 December 1998.

Design

If the choice was to upgrade a steel USTs, one of the following methods, in accordance with a code of practice developed by a nationally recognized association or independent testing laboratory, could have been used:

• install new internal lining
• cathodic protection with field-installed systems designed by a corrosion expert, impressed current systems designed to allow determination of the current operating status, or an approved equivalent system
• internal lining combined with cathodic protection.

Spill prevention equipment on the UST will prevent a release of product to the environment when the transfer hose is detached from the fill pipe.

Overfill prevention equipment will do one of the following:

• automatically shut off flow into the tank when the tank is no more than 95 percent full
• alerts the transfer operator when the tank is no more than 90 percent full by restricting the flow into the tank or triggering a high-level alarm
• restrict flow 30 min prior to overfilling, alert the operator with a high-level alarm 1 min before overfilling, or automatically shut off flow into the tank so that none of the fittings are exposed to product due to overfilling.

Any portion of a UST that is underground and routinely contains product must protected from corrosion in accordance with a code of practice developed by a nationally recognized association or independent testing laboratory and the UST constructed of one of the following materials:

• fiberglass-reinforced plastic
• steel which has approved cathodic protection
• steel-fiberglass-reinforced-plastic composite
• metal without additional corrosion protection if the lack of such protection is viable.

USTs are required to have release detection, either through equipment or a combinetioan of stick testing and inventory reconciliation.

Filling

The level of the petroleum in the UST is must be checked before a transfer of petroleum into the tank is made and that the volume available in the tank is greater than the volume of the product to be transferred to the tank. The transfer operation must be monitored constantly.

Any and all spills or overfills which meet the following criteria must be contained, cleaned up, and reported to the implementing agency within 24 h, or another reasonable time period specified by the implementing agency, and corrective actions started:

• spills or overfills of petroleum that result in a release to the environment of more than 25 gal, or another reasonable amount specified by the implementing agency, or that caused a sheen on nearby surface water
• spills or overfills of hazardous substances that result in a release to the environment in excess of the reportable quantity under CERCLA.

Management

Repairs to UST systems must be properly conducted in accordance with a code of practice developed by a nationally recognized association or an independent testing laboratory.

Tanks and piping that have been replaced or repaired must undergo tightness testing within 30 days following the date of completion of the repair.

Within 6 mo of repair, tanks with cathodic protection systems must be tested every 3 yr thereafter for all cathodic protection systems and every 60 days for impressed current cathodic protection systems.

USTs which are put out of service temporarily, must have continued maintenance. If a UST system is temporarily closed for 3 mo or more, the vent lines are open and functioning and all other lines, pumps, manways, and ancillary equipment are capped and secured.

USTs being permanently closed must be emptied and cleaned by removing all liquids and accumulated sludges. One of the following methods must be used when permanently closing a UST:

• it is removed from the ground
• it is left in place with the contents removed, and filled with an inert solid material.

Documentation

Records of repairs that demonstrate compliance must be kept for the life of the tank. The following documentation must be submitted to the implementing agency when applicable:

• notifications of new USTs, including certification of installation
• release reports, including suspected releases, spills and overfills
• planned or complete corrective actions, including: initial abatement measures, initial site characterization, free product removal, investigation of soil and groundwater cleanup, and the corrective action plan
• notice of permanent closure or change in service.

UST owners/operators must keep the following:

• a corrosion expert’s analysis of site corrosion potential if corrosion protection equipment is not used
• documentation of operation of corrosion protection equipment
• documentation of UST system repairs
• recent compliance with release detection requirements
• results of any site investigations at permanent closure
• demonstration of compliance with closure requirements.

Hazardous Materials Storage in USTs

Depending on the type and amount of hazardous materials (i.e., gasoline, diesel fuel, other liquids) stored and/or used at the facility, EPA reporting requirements may apply. The regulatory impacts of hazardous materials being stored and/or used at facilities are outlined in the Laboratories -> Hazardous Materials Storage section of the Facility Regulatory Tour.

Requirements Specific to Federal Agencies

In August 2005 the Energy Policy Act was signed into law. Subtitle B, Sections 1521 through 1530 are referred to as the Underground Storage Tank Compliance Act and primarily amend sections 9004 and 9005 of the Solid Waste Disposal Act (42 U.S.C. 6991c). Section 1528 of the act is specifically directed at Federal Agencies. In particular Federal Agencies are going to be starting a collection of data about USTs they own or operate, or USTs that are located on land managed by the Federal Agency. The data to be collected includes:

• the location and owner of each UST described above;
• all tanks that are not in compliance with RCRA Subtitle I that are owned or operated by the Federal agency;
• specifies the date of the last inspection by a State or Federal inspector of each UST owned or operated by the agency;
• each violation of RCRA Subtitle I respecting any UST owned or operated by the agency;
• describes the operator training that has been provided to the operator and other persons having primary daily on-site management responsibility for the operation and maintenance of UST owned or operated by the agency; and
• describes the actions that have been and will be taken to ensure compliance for each UST identified as not being in compliance.

Federal agencies will be submitting these reports to the Administrator, the Committee on Energy and Commerce of the United States House of Representatives, and the Committee on the Environment and Public Works of the Senate in 2006.

In a memorandum dated 17 October 2005 the EPA has requested that every Federal Agency Environmental Executive provide the name of one representative per department or agency with who the EPA can coordinate the implementation of the Underground Storage Compliance Act.

USTs in Indian County

EPA’s report, dated August 2007, titled “Report to Congress on Implementing and Enforcing the Underground Storage Tank Program in Indian County” outlines a framework that can be used as a foundation for discussing the unique underground storage tank program implementation issues of different tribal governments and provides a consistent method whereby the EPA and each tribe can continue to cooperatively work on these issues in the future. Additionally, EPA has established a portal for information and guidance on UST programs in Indian country.

Summary of State Requirements

Secondary Containment States receiving Subtitle I funding must implement one of the following by 8 February 2007: Option 1, Tank And Piping Secondary Containment:

• Each new or replaced underground tank, or replaced tank, that is within 1,000 feet of any existing community water system or any existing potable drinking water well must be secondarily contained and monitored for leaks.
• In the case of a replacement of an existing underground tank or existing piping connected to the underground tank, the secondary containment and monitoring applies only to the specific underground tank or piping being replaced, not to other underground tanks and connected pipes comprising such system.
• Each new motor fuel dispenser system installed within 1,000 ft of any existing community water system or any existing potable drinking water well must have under-dispenser containment. These requirements do not apply to repairs meant to restore an underground tank, pipe, or dispenser to operating condition. Option 2, Evidence Of Financial Responsibility And Certification:
• A person that manufactures an underground tank or piping for an underground storage tank system or installs an underground storage tank system maintains evidence of financial responsibility under Section 9003(d) of Subtitle I in order to provide for the costs of corrective actions directly related to releases caused by improper manufacture or installation unless the person can demonstrate themselves to be already covered as an owner or operator of an underground storage tank under Section 9003 of Subtitle I.
• Underground Storage Tank installers must:
  • Be certified or licensed (see below for certification details);
  • Have the installation certified or approved;
  • Install the underground storage tank system compliant with a code of practice and in accordance with the manufacturer’s instructions; or use another method determined to be no less protective of human health and the environment.

• To underground tanks that are not new or replaced in a manifolded underground tank system.
• For underground tanks with multiple piping runs, to those piping runs that are not new or replaced.
• To suction piping that meets the requirements at 40 CFR 280.41(b)(2)(i) – (v) or to piping that manifolds two or more underground tanks together.
• When a new motor fuel dispenser system is installed at an existing underground storage tank facility and new piping is added to the underground storage tank system to connect the new dispenser to the existing system, the existing piping to which the new piping is connected does not have to meet these guidelines.

• be certified or licensed;
• have the installation certified or approved;
• install the underground storage tank system compliant with a code of practice and in accordance with the manufacturer’s instructions; or
• use another method determined to be no less protective of human health and the environment.

• Be certified or licensed by the tank and piping manufacturer;
• Be certified or licensed by the EPA Administrator or a state, as appropriate;
• Have their underground storage tank system installation certified by a registered professional engineer with education and experience in underground storage tank system installation;
• Have their installation of the underground storage tank inspected and approved by the Administrator or the state, as appropriate;
• Be compliant with a code of practice developed by a nationally-recognized association or independent testing laboratory and in accordance with the manufacturer’s instructions; or
• Be compliant with another method that is determined by the Administrator or a state, as appropriate, to be no less protective of human health and the environment.
  NOTE: These requirements are similar to the requirements already found under 40 CFR Parts 280.20(d), 280.20(e), and 280.33(a). Most, if not all, state underground storage tank regulations already cover these requirements for new installations and repairs. However, states must also require that persons who replace or add equipment after the initial installation of the underground storage tank system meet the installer certification requirements.

• Required spill prevention equipment is not installed;
• Required overfill protection equipment is not installed;
• Required leak detection equipment is not installed;
• Required corrosion protection equipment is not installed;5 or
• Other conditions a state deems appropriate.

• Failure to properly operate and/or maintain leak detection equipment;
• Failure to properly operate and/or maintain spill, overfill, or corrosion protection equipment;
• Failure to maintain financial responsibility;
• Failure to protect a buried metal flexible connector from corrosion; or
• Other conditions a state deems appropriate.

Laws and Statutes