Nevada Division of Environmental Protection, Bureau of Corrective Actions

UST Regulations — Nevada has adopted 40 CFR 280, the Federal UST Regulations. A summary of these regulations and good UST operating practices is available on US EPA's website: See U.S EPA publications Musts for USTs – and – Operating and Maintaining Underground Storage Tank Systems

Aboveground Storage Tank (AST) Requirements — The NDEP Bureau of Corrective Actions does not regulate most AST systems. The exception is with regard to AST systems located at or near a body of water located at a marina facility. Marina AST regulations can be reviewed within the following state regulations: NAC 459.99285 and NAC 459.9931 through NAC 459.9938.

All other AST systems are regulated by other agencies. Please contact the State Fire Marshall (775-684-7500), local fire departments, local municipalities, and building code enforcement offices. The federal Environmental Protection Agency (EPA) also has a hotline (800-424-9346) and AST web information located at: http://www.epa.gov/OUST/cmplastc/asts.htm

Testing and Working on UST Systems — In Nevada tightness testing of USTs and underground product piping must be performed by a Nevada certified tester. A list of certified testers is available on the BCA Website. For more information see our Certification Program home page.

Certain work (such as installation, repair or closure) on regulated USTs and underground product piping must be performed or supervised by a Nevada certified Underground Tank Handler (UTH). See our list of certified UTHs available from our Certification Program. Work on ancillary equipment such as leak detection systems, dispensers and fuel turbines may be performed by a properly trained technician.

General Notification Requirements: The below notifications must be made to the local UST implementing agency prior to performing work on underground storage tank (UST) systems in Nevada. If the UST facility is located in Clark or Washoe Counties, contact the appropriate county’s Health District. For rural counties outside of Clark or Washoe Counties, notifications should be directed to the Nevada Division of Environmental Protection (NDEP). In addition to notifying the Nevada UST programs and prior to installation, you should contact local fire, building, and health agencies to ensure compliance with local ordinances.

New or Replaced USTs (Tanks and Product Piping): There are two notification requirements when considering new installation or replacement of regulated USTs. The first notification must be made to your local UST program at least 30 days prior to construction activities in accordance with secondary containment regulation NAC 459.9947.3 . NDEP’s pre-installation notification form may be used to satisfy this first requirement.

Once an UST has been installed and brought into operation (i.e. the tank is being used to store a regulated substance), you must make a second notification to your local UST program within 30 days in accordance with 40 CFR 280.22. This second notification is made using EPA Form 7530-1 (Notification for Underground Storage Tanks).

Existing USTs and Change of Ownership: If you come into ownership of an existing UST, you must notify the local UST implementing agency using EPA Form 7530-1 (Notification for Underground Storage Tanks). Additionally, any person who sells a facility with a regulated UST must inform the purchaser of the facility of their obligation to notify the local UST program of the ownership changeover. NDEP recommends the seller also provide the local UST implementing agency with contact information of the new owner.

Closing USTs: You must notify the local UST implementing agency at least 30 days prior to permanent closure or change-in-service of a regulated UST (40 CFR 280.71). This notification should be made in writing and include a schedule during which the closure and site assessment will be performed as well as the NDEP certified handler who will have oversight of the project. Following completion of the permanent closure, an EPA Form 7530-1 (Notification for Underground Storage Tanks) may also be requested by the local UST implementing agency.

Installing New or Replacement Fueling Dispensers: If the dispensers will be located at a new facility, installation information will be included with the above UST notifications. For the installation of new or replacement dispenser(s) at existing facilities, NDEP requests that the pre-installation notification form be submitted 30 days prior to construction activities. This form is only required if new dispensers are installed in a location onsite that previously did not have a dispenser present, or the dispenser replaces an existing dispenser and the belowground piping connections are replaced (i.e. replacement of the shear valve and hardware between the new dispenser and product line).

Permits Required — The Division of Environmental Protection, as the Federal UST program implementing agency in the State, has no requirements to obtain any permits for the installation, repair, upgrading or closure of underground storage tanks.

However, any of the above work being performed on a UST system located in Clark County or Washoe County must be approved by that county's health department. Both, the Southern Nevada Health District and Washoe County District Health Department are contracted by NDEP to oversee the above UST work and may require permits and/or fees.

For federally regulated USTs, a State Certified Tank Handler must supervise and acknowledge responsibility for work performed. Submittal of an EPA Form 7530-1 is required to insure the Division is notified and to maintain accurate information in the State database. For non-federally regulated tanks no registration requirements exist and no Certified Tank Handler is required for installation, repair, upgrading, or closure activities.

Additional permits may be required by local governments under local laws or ordinances. Check with your local building and fire departments to verify whether additional local requirements exist.