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Underground Storage Tanks (USTs)

Financial Responsibility and Installer Certification - 2005 Energy Policy Act

Background and Requirements 

Title XV, Section B of the Energy Policy Act of 2005 amends Subtitle I of the Solid Waste Disposal Act, the original legislation that created the underground storage tank (UST) program. The UST provisions of the Energy Policy Act focus on preventing releases and direct EPA to help states comply with new UST requirements.

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.

Grant Guidelines

On January 22, 2007, EPA issued final grant guidelines for financial responsibility and installer certification. See document below. For more information about the financial responsibility and installer certification grant guidelines, contact Cho Yi Risher at risher.choyi@epa.gov or 202-564-8908.

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