Background
See Resource Conservation and Recovery Act — General.
Underground Storage Tanks (UST) can leak, and the products they contain can therefore damage groundwater and endanger public health. Congress added UST requirements to the Resource Conservation and Recovery Act (RCRA) in the 1984 as part of the Hazardous and Solid Waste Amendments (HSWA). UST regulations, found in 40 CFR Part 280, became effective in 1988.
Like the rest of RCRA, the UST program is a federal structure designed for state implementation. As a result, specific requirements and programs will vary by state.
Key Concepts
Underground Storage Tank System
A tank and any associated piping that has at least 10% of its combined volume underground is an “underground storage tank system.”
Some tank systems are exempt from the federal RCRA UST program. State programs vary. Federal UST regulations exempt the following types of tanks:
- tanks on or above the floor of underground areas, such as basements or tunnels;
- farm and residential tanks systems smaller than 1,100 gallons in capacity storing motor fuel used for noncommercial purposes;
- tank systems storing heating oil used on the premises where it is stored;
- septic tanks and systems used for collecting stormwater and wastewater;
- flow-through process tanks; and
- emergency spill and overfill tanks.
Aboveground storage tanks (ASTs) are also exempt from the UST program. Despite their exemption under UST regulations, other rules may govern them. See especially Clean Water Act — Sewer Use (POTW) and Clean Water Act — Oil Spill Prevention (SPCC).
Does this apply to my campus?
These regulations apply to underground storage tank systems that store petroleum products (such as diesel fuel, gasoline, and used oil) and the hazardous substances listed in Section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA). If your campus has any tanks meeting the definition of a UST, these regulations apply to you.
The hazardous waste sections of RCRA govern tanks storing hazardous waste. See Resource Conservation and Recovery Act — Solid and Hazardous Waste.
What do I have to do?
EPA started its 10-year program to upgrade or remove all tanks in 1988. All phases of that program have passed.
First, identify all of your ASTs and USTs. Then, determine which of these are regulated USTs. Then, confirm that you have registered those tanks with the state. Finally, ensure that you have met all upgrade and removal standards, which are
- USTs installed after December 22, 1988 must have the following:
- proper installation,
- leak detection,
- spill and overfill protection, and
- corrosion protection.
- USTs installed before December 22, 1988 must have the following:
- leak detection,
- spill and overfill protection, and
- corrosion protection.
- Closures of USTs must include the following:
- financial surety for potential releases, and
- reports of confirmed releases of more than 25 gallons within 24 hours, along with response and clean-up action.
- Maintain records that include the following:
- leak detection system performance and maintenance,
- any soil or groundwater testing,
- inspections and tests of corrosion protection system,
- tank removals and closures,
- repairs or upgrades, and
- financial surety.