If you own underground storage tanks (USTs), you probably already know that they are regulated to help protect the environment, public health, and safety. These regulations are designed to minimize the risks associated with the storage of hazardous substances in USTs and to ensure that UST owners / operators follow best practices to prevent leaks and respond effectively in the event of incidents.
Regulations governing USTs typically come from a combination of federal, state, and local agencies. In the United States, UST regulations are established and enforced either federally through the U.S. Environmental Protection Agency (EPA) or through State run UST programs. The EPA sets forth federal regulations for USTs under the Resource Conservation and Recovery Act (RCRA) and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). These regulations provide a baseline of requirements that UST owners/operators must follow.
As a UST owner/operator, it's important to keep in mind that UST regulations can change over time as new information becomes available or as environmental concerns evolve. Regulatory agencies regularly review and update UST regulations to address emerging issues, improve safety standards, and enhance environmental protection.
So, that's why it's essential to be aware of the specific Federal or State regulations or updates for your USTs, as compliance is mandatory and subject to enforcement actions, including fines and penalties. The last thing you want is to undergo an inspection, be caught off guard if you have deficiencies, and then face potential fines from the EPA.
The Crackdown from the EPA
Last year, the EPA settled fines with some companies that did have deficiencies. In 2022, inspections from the EPA revealed that two large companies and five smaller firms operating along the eastern coast of the US had deficiencies in their UST operation and maintenance programs. Because of this, in October 2023, those companies agreed to pay fines related to their alleged violations. Some of the violations included "…[failure] to meet operator training, record keeping, and leak detection requirements for USTs", as well as one company violating "federal rules on spill prevention, inspections, and operator training". The fines ranged from $26,500 to upwards of $40,000 per company.
Examples of Non-Compliance with UST Regulations
The EPA listed specific violations that led them to fine those companies with non-compliant USTs. What are some other examples of being non-compliant with UST regulations that you should be aware of? Some common violations include:
What are the UST requirements I need to Know?
How do I know if my USTs are in Compliance?
Permit renewals often require proof of compliance such as documentation of lead detection and inspections. Regulations may require thirty party verification of permit operation requirements. An internal management system is also useful for tracking and documenting UST system requirements, inspections, testing, alarms, and other permit requirements. In addition to that, owners / operators could consider implementing a corporate UST operations program, utilizing a consultant for proper UST inspections, testing, and record keeping, and / or using a certified UST operator training platform.
Conclusion
Remember, non-compliance with regulations governing USTs can be found during various stages of UST operation, inspection, and regulatory oversight. Once non-compliance is identified, regulatory agencies typically take corrective actions, which may include issuing fines or penalties, requiring remediation efforts, issuing enforcement orders, or imposing additional compliance requirements. In summary, all UST owners / operators are responsible for addressing non-compliance promptly to avoid legal and financial consequences.