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Tanks and Containment/Underground Storage Tanks
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One of the key strategies for environmental protection is to stop pollution before it happens; therefore, containment of hazardous materials is the subject of many Federal and State/tribe requirements. Agricultural establishments and businesses often have an assortment of containers, storage tanks, containment areas, and other structures designed to hold chemicals and prevent unwanted releases into the environment. Agriculture-related substances covered by containment requirements include pesticides, fertilizers, fuel, coolants, and oil/petroleum-based products. Other requirements cover the design and management of underground storage tanks, which may be used to hold a variety of potential pollutants.
- Pesticide Container and Containment Rule
- Secondary Containment of Oil - Oil Spill Prevention, Control, and Countermeasures (SPCC) Program
- Underground Storage Tanks
Secondary Containment of Oil - Oil Spill Prevention, Control, and Countermeasures Program
In 1973, EPA issued the Oil Pollution Prevention regulation to address the oil spill prevention provisions contained in the Clean Water Act of 1972. The regulation forms the basis of EPA's oil spill prevention, control, and countermeasures, or SPCC, program, which seeks to prevent oil spills from certain aboveground and underground storage tanks.Final Action to Amend the Spill Prevention, Control, and Countermeasure (SPCC) Rule
In December 2006, EPA amended the SPCC rule to streamline some of its requirements. As part of the Oil Pollution Prevention regulation, the SPCC rule outlines requirements for prevention of, preparedness for, and response to oil discharges. Regulated facilities, including some farms, must develop and implement SPCC Plans that establish procedures and equipment requirements to help prevent oil discharges from reaching waters of the United States or adjoining shorelines.
In the SPCC rule, EPA defines a farm as “a facility on a tract of land devoted to the production of crops or raising of animals, including fish, which produced and sold, or normally would have produced and sold, $1,000 or more of agricultural products during a year.”
What farms are subject to the SPCC rule?
The SPCC rule applies to owners or operators of farms that:
- Store, transfer, use, or consume oil or oil products, and
- Could reasonably be expected to discharge oil to waters of the United States or adjoining shorelines. Farms that meet these criteria are subject to the SPCC rule if they meet at least one of the following capacity thresholds:
- Aboveground oil storage capacity greater than 1,320 gallons, or
- Completely buried oil storage capacity greater than 42,000 gallons.
The following are exempt from the SPCC rule:
- Completely buried storage tanks subject to all the technical requirements of the underground storage tank regulations
- Containers with a storage capacity less than 55 gallons of oil
- Wastewater treatment facilities
- Permanently closed containers
- Motive power containers (e.g., automotive or truck fuel tanks)
What are the compliance dates for farms?
In December 2006, EPA extended the compliance dates for preparing or amending, and implementing SPCC Plans for farms until the Agency promulgates a rule specifically addressing how farms should be regulated under the SPCC rule. During the extension, EPA will determine how to better tailor and streamline the SPCC rule for farms.
| A farm starting operation… | Must... |
|---|---|
| On or before August 16, 2002* |
|
| After August 16, 2002* |
|
* August 16, 2002 is the date that the amended SPCC rule became effective.
Information for Farms about the December 2006 Revisions to SPCC Requirements
More information from EPA
Federal Register notice (August 11, 2004) announcing the final rule that extends SPCC compliance dates
Oil Spill Program
EPA Releases SPCC Guidance for Regional Inspectors
EPA Administrator Signs Final Rule to Amend the SPCC Rule (December 2006)
EPA press release on the Final Rule on Oil Spill Prevention, Control, and Countermeasures
SPCC Rule Amendment: Animal Fats and Vegetable Oils Fact SheetRelated publications from the Ag Center
Emergency PlanningRelated laws and policies
Clean Water ActRelated environmental requirements
Clean Water Act Sections 311 (PDF, 192KB)
40 CFR Part 112
Underground Storage Tanks
An underground storage tank system (UST) is a tank and any underground piping connected to the tank that has at least 10 percent of its combined volume underground. The Federal UST regulations apply only to underground tanks and piping storing either petroleum or certain hazardous substances.EPA estimates that there are about 1.1 million federally regulated USTs buried at over 400,000 sites nationwide. Nearly all USTs at these sites contain petroleum. These sites include marketers who sell gasoline to the public (such as service stations and convenience stores) and nonmarketers who use tanks solely for their own needs (such as fleet service operators and local governments). EPA estimates about 25,000 tanks hold hazardous substances covered by the UST regulations.
Until the mid-1980s, most USTs were made of bare steel, which is likely to corrode over time and allow UST contents to leak into the environment. Faulty installation or inadequate operating and maintenance procedures also can cause USTs to release their contents into the environment.
The greatest potential hazard from a leaking UST is that the petroleum or other hazardous substance can seep into the soil and contaminate groundwater, the source of drinking water for nearly half of all Americans. A leaking UST can present other health and environmental risks, including the potential for fire and explosion.
In 1984, Congress responded to the increasing threat to groundwater posed by leaking USTs by adding Subtitle I to the Resource Conservation and Recovery Act (RCRA). Subtitle I required EPA to develop a comprehensive regulatory program for USTs storing petroleum or certain hazardous substances.
Congress directed EPA to publish regulations that would require owners and operators of new tanks and tanks already in the ground to prevent, detect, and clean up releases. At the same time, Congress banned the installation of unprotected steel tanks and piping beginning in 1985.
In 1986, Congress amended Subtitle I of RCRA and created the Leaking Underground Storage Tank Trust Fund, which is to be used for two purposes:
- To oversee cleanups by responsible parties
- To pay for cleanups at sites where the owner or operator is unknown, unwilling, or unable to respond, or which require emergency action
The 1986 amendments also established financial responsibility requirements. Congress directed EPA to publish regulations that would require UST owners and operators to demonstrate they are financially capable of cleaning up releases and compensating third parties for resulting damages.
The following USTs are excluded from regulation and, therefore, do not need to meet Federal requirements for USTs:
- Farm and residential tanks of 1,100 gallons or less capacity holding motor fuel used for noncommercial purposes
- Tanks storing heating oil used on the premises where it is stored
- Tanks on or above the floor of underground areas, such as basements or tunnels
- Septic tanks and systems for collecting storm water and wastewater
- Flow-through process tanks
- Tanks of 110 gallons or less capacity
- Emergency spill and overfill tanks
In 1988, EPA issued regulations setting minimum standards for new tanks and requiring owners of existing tanks to upgrade, replace, or close them. The UST regulations are divided into three sections: (1) technical requirements, (2) financial responsibility requirements, and (3) State program approval objectives.
EPA's technical requirements for USTs are designed to reduce the chance of releases from USTs, detect leaks and spills when they do occur, and secure a prompt cleanup. To meet the requirements, owners must upgrade, replace, or close existing UST systems by 1998. Tanks remaining in operation must have leak detection and leak prevention components. UST owners and operators are responsible for reporting and cleaning up any releases.
The financial responsibility requirements ensure that, in the event of a leak or spill, an owner or operator will have the resources to pay for costs associated with cleaning up releases and compensating third parties.
EPA recognizes that, because of the large size and great diversity of the regulated community, State and local governments are in the best position to oversee USTs. Subtitle I of RCRA allows State UST programs approved by EPA to operate in lieu of the Federal program, and EPA's State program approval regulations set standards for State programs to meet. States may have more stringent regulations than the Federal requirements. People who are interested in requirements for USTs should contact their State UST program for information on State requirements.
Related publications from the Ag Center
Tanks and Containment/Underground Storage TanksRelated laws and policies
Resource Conservation and Recovery ActRelated environmental requirements
Resource Conservation and Recovery Act text
40 CFR Parts 280-281More information from EPA
Underground Storage Tanks Program
State Underground Storage Tanks Program: Final Grant Guidelines and Inspection Grant Guidelines - the final grant guidelines state that states must report to EPA on the compliance status of federal, state, and local government-owned and government-operated USTs. The inspection guidelines describe the minimum requirements a state’s on-site inspection program must contain.Telephone assistance from EPA
UST Hotline is 800-424-9346
This page is sponsored by
EPA's Ag Center. 