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Underground Storage Tanks (USTs)

Underground Storage Tank Delivery Prohibition - 2005 Energy Policy Act

Delivery prohibition is prohibiting the delivery, deposit, or acceptance of product to an underground storage tank that is deemed ineligible to receive product. 
 
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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 1527 of the Energy Policy Act of 2005 requires that EPA, in consultation with states, underground storage tank owners, and product delivery industries, must issue guidelines to implement delivery prohibition.

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Grant Guidelines

On August 7, 2006, EPA issued final grant guidelines for delivery prohibition, below. The guidelines address these five processes and procedures:

  • The criteria for determining ineligible USTs
  • The mechanisms for identifying ineligible USTs
  • The process for reclassifying ineligible USTs as eligible
  • The processes 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.

For more information about the delivery prohibition grant guidelines, contact Tim Smith at smith.timr@epa.gov or 202-564-0643.

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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.

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Policy for EPA Regions when Enforcing Delivery Prohibition

EPA's Policy on Underground Storage Tanks Delivery Prohibition, below, provides EPA's regions with recommended procedures for prohibiting deliveries and describes when delivery prohibition may be appropriate.

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