December 2006 - EPA Releases Guidelines for Implementing New UST Secondary Containment Requirements

The U.S. Environmental Protection Agency (EPA) has released final guidelines to States for implementing the new secondary contaminant provisions for underground storage tanks (UST) that were enacted by the Energy Policy Act of 2005. These guidelines describe the minimum secondary containment standards that the State program must contain to continue to receive federal funding for their UST programs.

Title XV, Subtitle B of the Energy Policy Act, entitled the Underground Storage Tank Compliance Act, contained a series of requirements that will significantly affect federal and State UST programs. One set of requirements mandated that States either adopt enhanced secondary containment requirements for their UST programs, or adopt financial responsibility and installer certification requirements by February 8, 2007 or risk the loss of federal funding to their State program.

To meet the secondary containment requirements, State UST programs must require tank owners to install secondary containment and leak monitoring for all new or replaced underground tanks, or piping connected to such tanks, if they re located within 1,000 ft (308.4 m) of any existing community water supply or potable drinking water well. In addition, each new motor fuel dispenser installed within 1,000 ft (308.4 m) of any existing community water supply or potable drinking water well must have under-dispenser containment.

The EPA guidelines provide guidance on how States can implement these requirements. To be acceptable, the rules require that secondary containment systems must be designed, constructed, and installed to: contain regulated substances released from the tank system until they are detected and removed; prevent the release of regulated substances to the environment at any time during the operational life of the UST system; and be checked for evidence of a release at least every 30 days. These are the same requirements that EPA specifies for hazardous substance USTs. Leak monitoring must comply with existing EPA requirements for interstial monitors.

Under-dispenser containment must be liquid tight on the sides, bottom, and at any penetrations. It must be compatible with the substance conveyed in the piping. Also, the containment must allow for visual inspection and access to the components of the system or be monitored.

The EPA guidelines are available from the EPA Office of Underground Storage Tanks Web site at www.epa.gov/oust/fedlaws/final_sc.htm. For more information about the secondary containment grant guidelines, contact Paul Miller at miller.paul@epa.gov or 703-603-7165.

The Underground Storage Tank Compliance Act contained several other provisions affecting State UST program management. These include requiring States to conduct on-site inspections of regulated tanks within their jurisdiction; to provide the public with an annual record of underground tanks within the State, information on tank releases, and specific compliance information; and to prohibit the delivery of product to ineligible tanks. The law also requires that the federal EPA develop training guidelines for persons who operate and maintain USTs. Information on these other requirements is available from EPA at www.epa.gov/oust/fedlaws/epact_05.htm.

COPYRIGHT ©2005, ISO Services Properties, Inc.

The information contained in this publication was obtained from sources believed to be reliable. ISO Services Properties, Inc., its companies and employees make no guarantee of results and assume no liability in connection with either the information herein contained or the safety suggestions herein made. Moreover, it cannot be assumed that every acceptable safety procedure is contained herein or that abnormal or unusual circumstances may not warrant or require further or additional procedure.