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Delivery Prohibition
Requirement
Section 1527 of the Energy Policy Act of 2005 states that EPA, in consultation with states, underground storage tank owners, and product delivery industries, must issue guidelines to implement delivery prohibition. The guidelines will address these five processes and procedures:
- The criteria for determining ineligible underground storage tanks (USTs)
- The mechanisms for identifying ineligible USTs
- The process for reclassifying ineligible USTs as eligible
- The process(es) for providing adequate notice to UST owners and operators and fuel suppliers that an UST has been determined ineligible for delivery
- The process for determining the specific geographic areas subject to the requirements. Rural and remote areas, as determined by EPA or a state, may be exempt from delivery prohibition if availability of, or access to, fuel is prevented by the prohibition. An exemption only applies for 180 days following the date of ineligibility determination.
Additionally, a person must receive a notice of ineligibility to prohibit delivery, and any person making or accepting delivery at an ineligible facility is subject to the same civil penalty for each day of the violation.
Deadlines
August 8, 2006 - EPA must issue and make available to the public the final delivery prohibition guidelines.
August 8, 2007 - Unlawful to deliver to "identified" tanks.
August 8, 2007 - States receiving funding must develop a delivery prohibition program consistent with EPA's guidelines.
Status
On August 7, 2006, EPA issued the delivery prohibition grant guidelines (PDF) (11 pp, 68K, About PDF). Grant guidelines describe the processes and procedures a state, which receives underground storage tank funds under Subtitle I of the Solid Waste Disposal Act, must follow and implement by August 8, 2007. EPA regional underground storage tank programs will incorporate the delivery prohibition grant guidelines into their future grant agreements with states.
State Delivery Prohibition Programs
EPA's state delivery prohibition programs web pages provide information regarding states' and territories' 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.
For more information
Contact Tim Roberts of EPA's Office of Underground Storage Tanks at roberts.timothy-p@epa.gov or (703) 603-7144.