UST Provisions of Energy Policy Act Summarized

03/02/2007

US EPA has recently issued a host of final and draft guidelines regarding underground storage tank (UST) compliance under the Energy Policy Act of 2005. Below is a brief update on each guideline.

Final Guidelines

States receiving federal funding were required to implement either the financial responsibility and installer certification requirements or the secondary containment requirements by February 8, 2007.

UST manufacturers and installers must maintain evidence of financial responsibility to handle the costs of corrective actions for releases caused by improper manufacture or installation. An exception is made if they prove that they are already covered as an owner or operator of a UST. The guidelines also state that UST installers must be

• certified or licensed
• have the installation certified or approved
• install the UST system in accordance with the manufacturer’s instructions.

Each new or replaced UST, or piping connected to any new or replaced UST, that is within 1,000 feet of an existing community water system or existing potable water well must be secondarily contained and monitored for leaks. When replacing an existing UST or existing piping connected to the UST, the secondary containment and monitoring only applies to the specific UST or piping being replaced, not to other USTs and connected pipes. Also, each new motor fuel dispenser system installed within 1,000 feet of any existing community water system or any existing potable water well must have under-dispenser containment.

These requirements do not apply to the restoration of a UST, pipe, or dispenser to operating condition.

States receiving federal funding must meet the requirements established under the public record guidelines. These guidelines include developing and updating the public record; making the record available to the public; describing the minimum public record content; ensuring data quality; and demonstrating compliance with these guidelines.

A state’s public record must include

• the number, sources, and causes of UST releases
• the record of compliance
• data on the number of UST equipment failures States must have a public record program and begin gathering required data by October 1, 2007.

Draft Guidelines

States must report on the compliance status of their government-owned and/or –operated USTs. The report must

• list the location and owner of each regulated UST that is owned or operated by the federal, state, or local government in the state
• specify the date of the last inspection
• describe the actions to ensure compliance of the USTs listed

States must submit reports to U.S. EPA on or before August 8, 2007.

USTs that have not been inspected since December 22, 1998 must have an on-site inspection conducted by August 8, 2007. Inspections of these USTs must be performed again at least once every three years. Guidelines include

• identification of which USTs require an on-site inspection
• requirements for the on-site inspection
• who can perform the on-site inspection
• what information needs to be reported to U.S. EPA

For complete information on these and other UST provisions of the Energy Policy Act of 2005, visit www.epa.gov/oust/fedlaws/epact_05.htm.