Thank you to my colleague Brian Freeman for his contributions to this post.  Brian is an attorney in the Environmental & Utilities Practice Group who has significant experience with underground storage tank issues for industrial and petroleum clients.

On July 15, 2015, the United States Environmental Protection Agency (EPA) published a final rule significantly expanding its program for underground storage tank (UST) systems that store petroleum or hazardous substances.

The final rule is lengthy and detailed but focuses on several areas in particular, such as:

  • Expanded secondary containment requirements for new UST systems or existing system components being replaced;
  • Expanded operation and maintenance requirements, including periodic inspections and testing of UST system components;
  • Expanded requirements to confirm compatibility and notify EPA before switching a UST system to store newer fuels such as ethanol blends and biodiesel;
  • Operator training requirements for site owners, managers, and employees; and
  • Release detection requirements for previously-deferred UST systems storing fuel for emergency power generators.

The final rule becomes effective on October 13, 2015. In states without existing, EPA-approved UST regulations, UST system owners and operators must comply with the revised federal regulations as of this date.  Certain requirements must be met immediately. For example, if you store ethanol blends or biodiesel, you must immediately ensure that your UST system is compatible with such fuels. Secondary containment requirements for new UST systems or dispenser systems take effect within 180 days after the effective date. Other portions of the final rule, such as inspection, testing, and training requirements, will take effect three years from the effective date.

States that currently have EPA-approved UST regulations have three years to revise their regulations and have them approved by EPA as meeting the revised federal regulations.

EPA’s website contains a summary of the final rule and other materials that can be useful tools for understanding the new requirements and their applicability.

 

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Photo of Megan Baroni Megan Baroni

I am an environmental attorney in Robinson+Cole’s Environmental and Utilities Group. I have worked with manufacturers, both big and small, on environmental compliance, risk management, and litigation matters for my entire career. My full firm bio can be accessed here.

As an…

I am an environmental attorney in Robinson+Cole’s Environmental and Utilities Group. I have worked with manufacturers, both big and small, on environmental compliance, risk management, and litigation matters for my entire career. My full firm bio can be accessed here.

As an environmental lawyer, I never want to be a roadblock to our client’s goals. I strive to understand the business of our manufacturing clients – what do you make and how do you make it? I want to know your objective, and I want to help you get there. Regulatory requirements and potential legal liabilities can sometimes seem daunting, but I help our clients develop an understanding of the requirements and all of the potential options so that we can create practical and cost-effective solutions to accomplish the objective. I work with management as well as the people who make our clients’ products every day, and I enjoy every part of it. It’s a good day for me when I can put on my hard hat and walk the factory floor.