Underground Storage Tanks

Requirement

Section 1530 of the Energy Policy Act of 2005 requires states receiving federal funds under Subtitle I of the Solid Waste Disposal Act to require either evidence of financial responsibility and installer certification or secondary containment and under-dispenser containment for new and replaced underground storage tank systems. If a state chooses the financial responsibility option, it is required to implement regulations requiring any manufacturer or installer of an underground storage tank or piping for an underground storage tank system to maintain evidence of financial responsibility and installer certification in order to provide for the costs of corrective actions directly related to releases caused by improper manufacture or installation. This provision does not alter or affect the liability of any owner or operator of any underground storage tank.

Additionally, section 1530 of the Energy Policy Act of 2005 requires that a person who installs an underground storage tank system must meet one of six options for ensuring proper installation. For example, a state may require that its underground storage tanks are installed in compliance with a code of practice developed by a nationally recognized association or independent testing laboratory and in accordance with the manufacturer's instructions. This particular requirement already exists in the current federal underground storage tank regulations.

More information is available about the option of secondary containment.

Deadlines

February 8, 2007 -- States receiving funding under Subtitle I of the Solid Waste Disposal Act must implement financial responsibility and installer certification or secondary containment requirements.

Status

On January 22, 2007, EPA issued the financial responsibility and installer certification grant guidelines (PDF) (10 pp, 61K, About PDF) which include definitions, requirements, criteria, and options for states choosing to implement the financial responsibility and certification provision. States receiving federal funds must implement the financial responsibility and installer certification or secondary containment requirements by February 8, 2007. EPA regions will incorporate the guidelines into their future grant agreements with states.

For more information

Contact Mark Barolo of EPA's Office of Underground Storage Tanks at barolo.mark@epa.gov or 703-603-7141.

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