Audit, Compliance and Risk Blog

It’s been more than 30 years since the U.S. Congress enacted national underground storage tank (UST) requirements (federal UST Law) in 1984. The Environmental Protection Agency (EPA) published extensive UST regulations in 1988, establishing technical requirements for the following:

The Clean Water Act (CWA), as amended after the Exxon Valdez spill by the Oil Pollution Act of 1990, imposes oil spill planning requirements on onshore and offshore facilities involved in the handling and transport of oil. These facilities may be required to prepare and implement a Spill Prevention, Control and Countermeasure (SPCC) Plan (and perhaps a more detailed Facility Response Plan). During 2001-2011, EPA adopted a series of significant changes to its SPCC Plan regulations, requiring compliance by most facilities no later than November 10, 2011.

The Clean Water Act (CWA) provides federal agencies with authority to regulate a wide range of activities that may affect “waters of the United States”—sometimes called “navigable waters.” These activities include water quality planning and discharge regulation by the US Environmental Protection Agency (EPA) and delegated states, and regulation of projects that may lead to “dredge and fill” of waters, through permits issued by the US Army Corps of Engineers.

In November 2011, EPA proposed substantial revisions to current regulations addressing petroleum releases from underground storage tank (UST) systems. The regulations (40 CFR Part 280) were promulgated in 1988 and imposed strict controls on tank design, construction, and installation. The proposed revisions (76 FR 71708) target and further reduce releases caused by poor operation and maintenance, releases from piping, spills and overflows associated with deliveries (especially releases at the dispenser), and ineffective release detection equipment. The revisions minimize retrofitting requirements for existing underground storage tank systems, while mandating additional release prevention requirements for new underground storage tank systems.