Underground-tank Upgrades Required by Dec. 22
The requirements for USTs set forth in 40 C.F.R. §280.21 are regulations adopted by the U.S.EPA under the authority of the Federal Resource Conservation and Recovery Act, 42 U.S.C. §6901-6991i. Many states have assumed responsibility for the UST programs. The deadline for meeting the federal requirements, however, is still December 22, 1998.
Regulated Underground Storage Tanks
The EPA's regulations require old UST systems, including related piping, to come into compliance with modern leak-detection and -prevention systems and to encompass spill and overfill prevention equipment. UST applicable law covers regulated USTs, and regulated substances, as follows:
1. A regulated underground storage tank is a tank system, including piping, that has at least 10% of its volume underground. 42 U.S.C. 6991(1) and 40 C.F.R. § 280.12.
A. Exclusions. The following are excluded from the definition of USTs, 42 U.S.C. 6991(l) (A)-(I):
- farm or residential tanks of 1100 gallons or less capacity storing motor fuel for noncommercial purposes;
- tanks storing heating oil for consumptive use on the premises where stored;
- septic tanks;
- pipeline facilities (including gathering lines) regulated under the Natural Gas Pipeline Safety Act of 1968, the Hazardous Liquid Pipeline Act of 1979, or comparable state laws;
- surface impoundments, pits, ponds, and lagoons;
- stormwater or wastewater collection systems;
- flow-through process tanks;
- liquid traps or associate gathering lines directly related to oil or gas production and gathering operations; and
- storage tanks situated on or above the floor of underground areas, such as basements and cellars.
2. Regulated substances are defined as
- any substance defined as hazardous under section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. §9601(14), except hazardous wastes regulated under RCRA Subtitle C, and
- petroleum products. 42 U.S.C. §6991(2).
Note that this is the federal definition for USTs. Many states have expanded (or in some instances contracted) this definition. Owners of USTs should determine whether their tanks are regulated based upon an assessment of all applicable federal, state, and local regulations. The requirements for upgrading USTs are described below.
Existing underground tanks must comply with leak-prevention requirements in one of four ways no later than December 22, 1998. Tanks that will not meet these requirements must be closed in accordance with applicable closure requirements, including the requirements for corrective action. 40 C.F.R. §280.21(a).
The installation of USTs that are less than 10 years old -installation commenced on or after December 22, 1988--were subject to performance standards designed to prevent releases due to structural failure, corrosion, or spills and over-fills. The requirements for these "new" USTs are set forth in 40 C.F.R. §280.20.
Older USTs that meet the requirements for new USTs satisfy the regulatory requirements. Those that don't meet the requirements must be upgraded or else be effectively eliminated.
The concluding installment of this article will cover upgrading requirements.