News

EPA Strengthens Underground Storage Tank Requirements

In June 2015, the U.S. Environmental Protection Agency (EPA) finalized the first major revisions to the federal underground storage tank (UST) requirements since 1988 to help prevent and detect UST releases. With this action, EPA also amended the state program approval regulations. The final rule strengthens the existing UST requirements under the Resource Conservation and Recovery Act and sets the minimum release protection standards for tank programs in all states and on tribal lands. 

According to EPA, there are approximately 571,000 USTs nationwide that store petroleum or hazardous substances.  EPA said in a press release that the new rule does not require owners and operators to replace existing UST equipment, but rather it increases emphasis on the proper operation and maintenance of that equipment. The revised requirements include:

  • adding secondary containment requirements for new and replaced tanks and piping;
  • adding operator training requirements;
  • adding periodic operation and maintenance requirements for UST systems;
  • removing past deferrals for emergency generator tanks, airport hydrant systems, and field-constructed tanks;
  • adding new release prevention and detection technologies;
  • updating codes of practice; and
  • updating state program approval (SPA) requirements to incorporate these new changes.

States and territories primarily implement the UST program.  Some of the provisions above already apply to USTs located in states that accept federal UST grant money, pursuant to parts of the 2005 Energy Policy Act. However, the final rule incorporates EPA’s new federal requirements into the UST technical regulations at 40 CFR Part 280 and updates the SPA regulations at 40 CFR Part 281 – so the new requirements will apply in all 50 states (even those that do not receive grant money) and on Indian lands.

The SPA regulations set criteria for states to obtain the authority to operate in lieu of the federal program. State programs must be at least as stringent as EPA’s. States will generally need to adopt the more protective standards at 40 CFR Part 280 to obtain or retain SPA.  (Both federal and state regulations apply in states without SPA.)

  • 38 SPA states plus the District of Columbia and Puerto Rico currently have SPA and have three years to reapply in order to retain their SPA status. Owners and operators in these states must continue to follow their state requirements until the state changes its requirements or until the state’s SPA status changes.
  • Owners and operators in 16 non-SPA states and territories must meet the federal requirements according to the schedule in the 2015 UST regulation. In addition, owners and operators will need to follow their state requirements.
  • Indian country UST owners and operators must meet the federal requirements according to the schedule in the 2015 UST regulation.

The rule will take effect 90 days after the official version is published in the Federal Register. The requirements in the final UST rule begin on the effective date of the UST regulation or three years after the effective date of the UST regulation, with one exception. The exception is that EPA is implementing the secondary containment requirement 180 days after the effective date of the UST regulation. The requirements implemented on the effective date of the final UST regulation are those that either do not require significant education and outreach or apply to new installations, repairs, or releases. EPA is allowing up to three years for owners and operators to implement the requirements that require significant outreach, equipment to be upgraded or installed (such as for previously deferred UST systems), or scheduling and testing.

Click here for a pre-publication version of the final rule.  Click here for a comparison of the 1988 UST regulations and the new 2015 UST regulations.  More information about this regulation is available at EPA’s UST regulation website at http://www.epa.gov/oust/index.htm.

Need More Information About a Particular State's Program?

To assist you in understanding SPA, EPA provides the following additional information:

If you need further assistance, contact the EPA regional office or the UST/LUST program in your state or territory.