Revising Underground Storage Tank Regulation – Revisions to Existing Requirements and New Requirements for Secondary Containment and Operator Training; Final Rule
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In the July 15, 2015 Federal Register (PDF)(119 pp, 1.5 MB), EPA published the 2015 underground storage tank regulation and the 2015 state program approval regulation. The revisions strengthen the 1988 federal underground storage tank (UST) regulations by increasing emphasis on properly operating and maintaining UST equipment. The revisions will help prevent and detect UST releases, which are a leading source of groundwater contamination. The revisions will also help ensure all USTs in the United States, including those in Indian country, meet the same minimum standards. This is the first major revision to the federal UST regulations since 1988.
The 2015 UST regulation changed certain portions of the 1988 underground storage tank technical regulation in 40 CFR part 280. The changes established federal requirements that are similar to key portions of the Energy Policy Act of 2005. In addition, EPA added new operation and maintenance requirements and addressed UST systems deferred in the 1988 UST regulation. The changes:
- Added secondary containment requirements for new and replaced tanks and piping
- Added operator training requirements
- Added periodic operation and maintenance requirements for UST systems
- Added requirements to ensure UST system compatibility before storing certain biofuel blends
- Removed past deferrals for emergency generator tanks, field constructed tanks, and airport hydrant systems
- Updated codes of practice
- Made editorial and technical corrections
The 2015 state program approval (SPA) regulation also updated SPA requirements in 40 CFR part 281 and incorporated the changes to the UST technical regulation listed above.
- 38 SPA states plus the District of Columbia and Puerto Rico currently have SPA and have three years to reapply in order to retain their SPA status. Owners and operators in these states must continue to follow their state requirements until the state changes its requirements or until the state’s SPA status changes.
- Owners and operators in 16 non-SPA states and territories must meet the federal requirements according to the schedule in the 2015 UST regulation. In addition, owners and operators will need to follow their state requirements.
- What must states do to apply or re-apply for SPA?
- Which states have updated their state UST regulations to incorporate the revised 2015 federal UST requirements?
Indian country UST owners and operators must meet the federal requirements according to the schedule in the 2015 UST regulation. SPA does not apply to USTs in Indian country.
Information on 2011 proposal to revise underground storage tank regulations.
- Comparison of 1988 UST Regulations and Revised 2015 UST Regulations (PDF)(10 pp, 410 K)
- Notification Forms
- Publications about the 2015 UST Regulation
- Red Line Strikeout of 40 CFR Part 280 and 40 CFR Part 281 (PDF) (141 pp, 712 K)
- Appendix III Statement Redline (PDF)(1 pg, 24 K)
- Regulatory Impact Analysis (PDF)(167 pp, 3 MB)
- Response to Comments Document (PDF)(181 pp, 1 MB)
- UST Technical Compendium about the 2015 UST Regulations (formerly referred to as Questions and Answers about the 2015 Regulations)
- 40 CFR PART 280-TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS (UST)
- Subpart A - 280.10-280.12 - Program Scope and Installation Requirements for Partially Excluded UST Systems
- Subpart B - 280.20-280.22 - UST Systems: Design, Construction, Installation and Notification
- Subpart C - 280.30-280.36 - General Operating Requirements
- Subpart D - 280.40-280.45 - Release Detection
- Subpart E - 280.50-280.53 - Release Reporting, Investigation, and Confirmation
- Subpart F - 280.60-280.67 - Release Response and Corrective Action for UST Systems Containing Petroleum or Hazardous Substances
- Subpart G - 280.70-280.74 - Out-of-Service UST Systems and Closure
- Subpart H - 280.90-280.116 - Financial Responsibility
- Subpart I - 280.200-280.230 - Lender Liability
- Subpart J - 280.240-280.245 - Operator Training
- Subpart K - 280.50-280.252
- Appendix - Appendix I to Part 280 – Notification for Underground Storage Tanks (Forms)
- Appendix - Appendix II to Part 280 - Notification of Ownership for Underground Storage Tanks (Form)
- Appendix - Appendix III to Part 280 - Statement for Shipping Tickets and Invoices
- 40 CFR PART 281-APPROVAL OF STATE UNDERGROUND STORAGE TANK PROGRAMS
- Subpart A - 281.10-281.12 - Purpose, General Requirements and Scope
- Subpart B - 281.20-281.24 - Components of a Program Application
- Subpart C - 281.30-281.39 - Criteria for No Less Stringent
- Subpart D - 281.40-281.43 - Adequate Enforcement of Compliance
- Subpart E - 281.50-281.51 - Approval Procedures
- Subpart F - 281.60-281.61 - Withdrawal of Approval of State Programs
- 40 CFR PART 282-APPROVED UNDERGROUND STORAGE TANK PROGRAMS
- Subpart A - General Provisions
- Subpart B - 282.50-282.105 - Approved State Programs
- 40 CFR PART 302-DESIGNATION, REPORTABLE QUANTITIES, AND NOTIFICATION
- 302.4 Designation of hazardous substances
For more information, contact Elizabeth McDermott at firstname.lastname@example.org or 202-564-0646.
The 2015 UST regulation was effective 10/13/2015. Compliance deadlines range from 10/13/2015 to 10/13/2018. The 2015 SPA regulation requires states and territories reapply for state program approval by 10/13/2018. EPA issued two compliance advisories.
|In States And Territories Without Program Approval|
|10/13/2018||UST owners and operators in states and territories without program approval||
Must meet remaining 2015 UST technical requirements
|Ongoing||State and territorial UST programs without program approval||
May apply for state program approval based on the 2015 federal UST regulations at any time
|In States And Territories With Program Approval|
|10/13/2018||States and territorial UST programs with approved programs||
Must re-apply to retain approved program status
|Ongoing||UST owners and operators in states with approved programs||
Continue to follow their states’ requirements, which may be different from the 2015 federal UST requirements
|In Indian Country|
|10/13/2018||UST owners and operators in Indian country||
Must meet remaining 2015 UST technical requirements