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Underground Storage Tanks / Leaking Underground Storage Tanks Enforcement


The UST / LUST enforcement program is designed to ensure that owners / operators of UST systems comply with the requirements of the law (RCRA, Subtitle I and the Energy Policy Act of 2005) and federal UST regulations and/or applicable state UST regulations. Our goal is to ensure that UST systems are installed, operated, maintained and closed properly to prevent harm to human health and the environment.

To achieve compliance, we use all tools available, including inspections, enforcement actions and compliance assistance, among others. Compliance with UST regulations not only protects human health and the environment, but it makes good business sense too!

Program Information


Enforcement Responsibilities

EPA Region 4 is responsible for enforcing federal regulations that pertain to UST systems in Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina and Tennessee and in Indian country.

In Subtitle I of RCRA, Congress allowed EPA to delegate UST enforcement authority to state agencies after EPA has approved their program (known as State Program Approval or “SPA”). EPA works with state agencies to develop their UST programs so that they meet the criteria required under RCRA and the Energy Policy Act of 2005. Once approved, the state has the primary role for implementing the program and enforcing its regulations. However, EPA retains the right to become involved in enforcement activities against a facility even under programs delegated to a state agency.

To date, EPA has granted State Program Approval to Alabama, Georgia, Mississippi, North Carolina, South Carolina and Tennessee.  For more information on these states’ UST programs, visit the states’ web sites.

State UST Program:

Although the states of Kentucky and Florida enforce the rules of their state programs, EPA has the right to enforce federal regulations within those states if found necessary. For more information on Florida’s and Kentucky’s UST programs, visit the states’ web sites.

State Websites:

EPA UST Enforcement Actions

In Region 4, EPA’s response to UST violations can vary due to the nature of the violation. Any serious noncompliance issues may be addressed via formal or informal enforcement at the discretion of the EPA UST / LUST Program. Types of enforcement actions typically invoked in the EPA UST / LUST program (ranging from the least to the most punitive) are:

State Delivery Prohibition Programs

EPA's state delivery prohibition programs Web pages provide information regarding states' delivery prohibition programs, including applicable laws, regulations, and policies. EPA compiled this information to help fuel delivery drivers determine if an underground storage tank is not eligible to receive fuel.

Policy for EPA Regions When Enforcing Delivery Prohibition

EPA's Policy on Underground Storage Tanks Delivery Prohibition provides EPA's regions with recommended procedures for prohibiting deliveries and describes when delivery prohibition may be appropriate.


For information about the contents of this page please contact Linda Williams

 


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