Underground Storage Tank / LUST Glossary
- Change-In-Service Modifications
- Currently in Use
- Hazardous Substance
- Indian Lands
- Regulated Substance
- Temporarily Out of Use
- UST systems that are federally regulated
Modifications to an UST system such that a non-regulated material will be stored in a tank that held a petroleum product or hazardous substance. If such modifications are to be made, owner/operators must follow federal UST regulation 40 CFR §280.71(d) by emptying and cleaning the tank by removing all liquid and accumulated sludge and by conducting a site assessment.
Currently in Use
A tank that currently contains a regulated substance and is being used to store or dispense product.
As defined in section 101(14) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) of 1980, but not including any substance regulated as a hazardous waste under subtitle C), “hazardous substance” means the following:
- (A) any substance designated pursuant to section 1321(b)(2)(A) of title 33
(B) any element, compound, mixture, solution, or substance designated pursuant to section 9602 of this title
(C) any hazardous waste having the characteristics identified under or listed pursuant to section 3001 of the Solid Waste Disposal Act (42 U.S.C. 6921) (but not including any waste the regulation of which under the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) has been suspended by Act of Congress)
(D) any toxic pollutant listed under section 1317(a) of title 33
(E) any hazardous air pollutant listed under section 112 of the Clean Air Act (42 U.S.C. 7412)
(F) any imminently hazardous chemical substance or mixture with respect to which the Administrator has taken action pursuant to section 2606 of title 15.
For a list of hazardous substances regulated under Subtitle I of RCRA for USTs, see Consolidated List of Chemicals. PDF (73 pp, 351.74K) For more information on hazardous substance USTs, visit OUST’s site on hazardous substance UST requirements.
Any land defined below that has underground storage tank systems are regulated by EPA:
Indian country: Title 18, U.S. Code, section 1151, identifies three areas as Indian country.
- 1. All lands within the boundaries of an Indian reservation, including those owned by non-Indians.
2. "All dependent Indian communities" within the United States, that is, all land set aside for the use of Indians, although not necessarily part of a formal reservation
3. All "trust" and all "restricted" allotments of land, whether or not these allotments are inside the boundaries of Indian reservations
Indian Reservation: An Indian reservation is an area of land "reserved" for Indian use, usually under the terms of a formal treaty. Most reservations today also have non-Indian residents and non-Indian landowners.
Trust Lands: Lands that are held in trust by the United States government for Indian tribes and individuals. No law permits a tribe to sell its land, although an individual Indian may do so with the approval of the Secretary of the Interior.
Tribal Lands: Lands that are either held in trust by the Bureau of Indian Affairs (BIA) or other lands under the direct ownership of a Tribe. Most tribal lands are in trust status and within a reservation, but these lands also can be outside of a reservation.
Fee patent: Indians who wish to be given ownership of their trust land can request the Secretary of the Interior (BIA) to approve a "fee patent" for the land. If approved, the "fee patent" is actually issued by the Bureau of Land Management, removing the land from trust status.
Fee simple land: Fee simple land is owned outright by an entity, such as a corporation, an individual or an Indian tribe and is subject to property taxes. Ownership can be Indian or non-Indian and can even exist within a reservation. Fee simple land carries no restrictions by the BIA for its use or sale.
According to Subpart A of 40 CFR §280.10, a “regulated substance” means:
(a) any substance defined in § 101(14) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) of 1980 (but not including any substance regulated as a hazardous waste under subtitle C), and
(b) Petroleum, including crude oil or any fraction thereof that is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute). The term “regulated substance” includes but is not limited to petroleum and petroleum-based substances comprised of a complex blend of hydrocarbons derived from crude oil through processes of separation, conversion, upgrading, and finishing, such as motor fuels, jet fuels, distillate fuel oils, residual fuel oils, lubricants, petroleum solvents, and used oils.”
Temporarily Out of Use
A tank that is empty or contains product and/or abandoned but not currently in use. (Note: There are release detection, corrosion protection and financial responsibility requirements that may apply to these tanks.) According to federal UST regulation 40 CFR §280.70,
- “(a) When an UST system is temporarily closed, owners and operators must continue operation and maintenance of corrosion protection in accordance with §280.31, and any release detection in accordance with Subpart D. Subparts E and F must be complied with if a release is suspected or confirmed. However, release detection is not required as long as the UST system is empty. The UST system is empty when all materials have been removed using commonly employed practices so that no more than 2.5 centimeters (one inch) of residue, or 0.3 percent by weight of the total capacity of the UST system, remain in the system.
(b) When an UST system is temporarily closed for 3 months or more, owners and operators must also comply with the following requirements:
- (1) Leave vent lines open and functioning, and
(2) Cap and secure all other lines, pumps, manways, and ancillary equipment.
(c) When an UST system is temporarily closed for more than 12 months, owners and operators must permanently close the UST system if it does not meet either performance standards in §280.20 for new UST systems or the upgrading requirements in §280.21, (corrosion protection), except that the spill and overfill equipment requirements do not have to be met. Owners and operators must permanently close the substandard UST at the end of this 12-month period in accordance with §§280.71-280.74, unless the implementing agency provides an extension of the 12-month temporary closure period. Owners and operators must complete a site assessment in accordance with §280.72 before such an extension can be applied for.”
UST systems that are federally regulated
According to Section 9001 of RCRA’s Subtitle I, federally regulated UST systems are defined as “any one or combination of tanks (including underground pipes connected thereto) which is used to contain an accumulation of regulated substances, and the volume of which (including the volume of the underground pipes connected thereto) is 10 percent or more beneath the surface of the ground.” They do NOT include:
- farm or residential tank of 1,100 gallons 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 tank
- pipeline facility (including gathering lines) regulated under the natural Gas Pipeline Safety Act of 1968 or the hazardous Liquid Pipeline Safety Act of 1979 or which is an intrastate pipeline facility regulated under State laws comparable to the provision of law as stated in these Acts.
- Surface impoundment, pit, pond or lagoon
- Storm water or wastewater 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 (such as a basement, cellar, mineworking, drift, shaft or tunnel) if the storage tank is situated upon or above the surface of the floor
Also excluded are:
- Above ground tanks
- Oil-water separators
- Propane tanks