Underground Storage Tanks                                                                                                                        Back

Underground Storage Tanks (USTs) have caused problems in many places across the US due to corrosion, structural failure or poor past practices. A study in 1995 found that the total amount required to be spent on cleanups was estimated at $ 40 billion. This amount being very high, there is a move towards risk-based approach. In an attempt to address the widespread problems with USTs, Congress enacted the HSWA 1984, which established in Subtitle I to the RCRA 1976 a regulatory program for both new and existing USTs.

Program objectives

The statute addresses both the problems of existing tanks that may have caused problems and new tanks that should be designed and operated to eliminate the problems of the past. The UST program requires existing tanks to be either brought to current standards or be closed. For tanks that are detected to be leaking, corrective action needs to be taken. New tanks must meet strict design and operation standards and that the government must be notified on installation.

RCRA program also requires the reporting, investigation and cleanup of releases from USTs. Federal law establishes standards for closure of USTs and financial responsibility requirements for persons who own and operate petroleum USTs. The UST program is a delegated program; states are given an opportunity to adopt laws and regulations that meet the minimum federal standards.

Basic terminology

USTs are specifically defined in the HSWA; also important are specific systems that are excluded from the definition. Also defined are deferred UST systems, owners and operators.

Implementation and Enforcement

EPA has the primary responsibility, but the authority may be delegated to the states. EPA has authority under RCRA Section 9006 to issue a compliance order to any person in violation of RCRA Subtitle I. EPA may also commence a civil action in a US district court for appropriate relief, including temporary or permanent injunction. Persons named in the order may ask for public hearings to challenge the order.

EPA may also assess civil penalties against owners and operators who do not comply with UST requirements. EPA may order an owner or operator to undertake corrective action for the detected releases, OR, EPA or an authorized state may undertake corrective action itself in particular conditions.

Reporting and record keeping requirements

An initial notification must be made to the appropriate designated agency

of the use of UST systems. Compliance must be certified with the requirements governing UST system installation, cathodic protection, financial responsibility, and release detection. Owners and operators must report the suspected releases, spills and overfills, and confirmed releases to the designated agency.

Reporting requirements for corrective actions include reporting of initial abatement measures, initial site characterization, removal of free product, results of investigations and sometimes, corrective action plans. Permanent closure and change of service also require reporting. Owners and operators have to demonstrate financial responsibility for taking corrective action.

Records, reports or information may be made available to the public, unless designated as confidential. Records have to be maintained for site corrosion potential, operation of corrosion prevention analysis, repairs, release detection, permanent closure and (evidence of) financial responsibility.

New UST systems

Owners (and installer) are required to notify and certify for a new UST system installed; a purchaser of a UST must be notified of the UST notification obligations. Owners are required to meet several performance standards with respect to tanks, piping, spill and overfill prevention equipment, and installation, in order to prevent releases of substances from the systems.

Existing UST systems

Owners of UST systems that were in the ground on or after May 8, 1986 were required to notify the designated agency of the existence of such systems; no notification was necessary for UST systems taken out of operation on or before January 1, 1974. It was estimated in 1995 that there were, as many as, 220,000 existing USTs that were subject to regulation, but were not registered. A purchaser or his consultant as part of verifying environmental liabilities of a site sometimes discovers unregistered USTs.

By December 22, 1998, all existing UST systems were required to meet one of the following requirements:

·         new UST system performance standards

·         tank upgrading requirements

·         closure and corrective action requirements

General operating requirements

Owners and operators must ensure spill and overfill control, operation and maintenance of corrosion protection systems, substance compatibility between tank materials and the stored substances and UST repairs avoiding releases.

Release Detection

Owners and operators of USTs must provide for a method or a combination of methods of release detection from any portion of the tank and connected underground piping that routinely contains regulated substances. Several methods have been set forth in the UST regulations. USTs containing petroleum products must be monitored at least every 30 days. After December 22, 1998, all existing hazardous substance USTs must comply with the release detection requirements for new hazardous substance USTs, essentially translating into requirement of secondary containment systems for the UST and piping.

Release reporting, investigation and response

UST regulations have identified several conditions under which reporting would be required. UST regulations require all owners and operators to immediately investigate and confirm suspected releases of regulated substances. Also required are a system test and a site check to determine a leak and its source.

Once a release from a UST is confirmed, owners and operators must comply with various corrective action requirements and initial abatement measures. An initial site characterization must also be submitted to the agency. Owners and operators must remove the free product to the maximum extent practicable, where detected. Also required are investigations of soil and groundwater at the area of release, the release site and surrounding areas. Spills and overfills must be contained, immediately cleaned up and notified to the agency.

The implementing agency may require owners and operators to submit a corrective action plan for contaminated soils and groundwater. The American Society for Testing and Materials (ASTM) has worked to develop risk-based corrective action (RBCA) techniques at petroleum release sites; in many cases, passive remediation is allowed.

Closure of UST systems

Various requirements must be met for specific time periods of inactivity or for permanent closure. Notification is necessary before permanent closure; a site assessment may be required. Records must be maintained even after permanent closure.

Financial responsibility requirements

Owners and operators of all petroleum USTs that are subject to UST regulations must demonstrate an ability to pay for cleanups and to compensate third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum USTs. It is not required after proper closure of a UST. Specific dollar amounts have been specified for specific types of USTs.

Many allowable documents demonstrating financial responsibility have been approved. Nearly all states have set up tank cleanup funds to help private parties pay for UST cleanup work. Records of such documents must be maintained at the site during operation of the UST.

Conclusion

Finding and cleaning up the existing chemical spills from underground storage tanks and enforcing strict standards for new tanks present serious challenge to the government and to private companies responsible for USTs. The regulations are numerous and can be confusing.