Understanding UST Regulations: A 40-Year Evolution, Key Warning Signs, and Critical Recommendations

The regulatory journey of underground storage tanks (USTs) officially began in 1984, but the concern for USTs started much earlier. In the mid-1970s, trade associations like the Petroleum Equipment Institute (PEI), Steel Tank Institute (STI), and the American Petroleum Institute (API) began addressing the growing issue of UST leaks. These leaks were primarily due to corrosion, which led to inventory loss and environmental contamination. By 1981, the National Association of Corrosion Engineers (NACE) estimated that less than 10% of USTs in the ground were protected from corrosion.

Shift to Environmental and Public Health Concerns

In the early 1980s, the focus of UST regulations shifted from fire safety to environmental protection and public health. This shift was catalyzed in 1983 when “60 Minutes” aired a segment on leaking USTs contaminating groundwater. This exposure highlighted the urgent need for regulatory intervention.

In response, President Reagan signed the 1984 Subtitle I RCRA amendments to the Solid Waste Disposal Act, initiating a comprehensive regulatory program for USTs storing regulated substances, including petroleum. At that time, there were over two million USTs, many of which were bare steel and prone to corrosion and leaks. Studies suggested that about one-third of UST systems would fail a tightness test, indicating potential petroleum releases.

Establishment of the EPA’s Office of Underground Storage Tanks

To address these issues, the Environmental Protection Agency (EPA) established the Office of Underground Storage Tanks (OUST) in 1985. This office was tasked with developing and implementing a new regulatory program for USTs. By 1988, the EPA had published technical and financial responsibility requirements for USTs, covering leak detection, leak prevention, and corrective action. The regulations also required UST owners and operators to demonstrate financial responsibility for cleaning up leaks and compensating third parties for damages.

By 1981, less than 10 percent of all USTs in the ground were protected from corrosion, as estimated by the National Association of Corrosion Engineers (NACE). Emphasis shifted in the early 1980s from tank regulations for safety reasons (i.e., fire codes) to regulations for protecting the environment and public health. Pressure to deal with the impact of leaking USTs on groundwater grew in 1983 when 60 Minutes aired a segment on leaking USTs. The story focused on gas stations and their leaking USTs that were contaminating a community’s underground aquifer and its water supply. Shortly after that, President Reagan signed the 1984 Subtitle I RCRA amendments, Solid Waste Disposal Act, providing a comprehensive regulatory program for USTs storing regulated substances including petroleum.

Timeline of Events

The journey of underground storage tank (UST) regulation has been marked by significant milestones and evolving standards. From early concerns about corrosion and leaks to comprehensive federal regulations aimed at protecting the environment and public health, the history of UST regulation highlights the ongoing efforts to safeguard our groundwater and communities. Below is a detailed timeline that chronicles the key events and regulatory developments in UST management over the past 40 years.

• August 1983 – CBS 60 Minutes segment “Check The Water” highlighted gasoline contamination from underground storage tanks in Canob Park, Rhode Island.
• November 1984 – Congress added Subtitle I to the Solid Waste Disposal Act, forming the national underground storage tank (UST) program and directing EPA to develop a regulatory program.
• September 1985 – EPA formed the Office of Underground Storage Tanks to create a regulatory program, estimating 2.1 million USTs in existence.
• October 1986 – Congress established the Leaking Underground Storage Tank (LUST) Trust Fund and financial responsibility requirements for UST owners through the Superfund Amendments and Reauthorization Act.
• September 1988 – EPA published underground storage tank regulations in the Federal Register, requiring leak prevention, detection, and cleanup, and set state program approval criteria.
• November 1988 – EPA held the first national UST conference in Santa Fe, NM, for UST implementing partners.
• July 1990 – Mississippi became the first state UST program to receive EPA’s approval.
• June 1993 – National Work Group On Leak Detection Evaluations was formed to review third-party tests of UST leak detection methods.
• December 1993 – All USTs installed before 1988 required to use leak detection methods by this date.
• February 1994 – Final deadline for UST owners to obtain financial responsibility to cover cleanup costs and third-party damages.
• March 1995 – EPA encouraged risk-based decision making in UST corrective actions.
• September 1995 – UST cleanup backlog reached its peak with almost 172,000 releases remaining.
• 1996 – EPA made UST program information available online.
• December 1998 – Deadline for all existing USTs to be upgraded to prevent releases or be replaced.
• October 2000 – June 2002 – EPA awarded USTfields projects for cleaning up contamination from leaking USTs on abandoned properties.
• August 2005 – The Underground Storage Tank Compliance Act added additional prevention requirements to Subtitle I of the Solid Waste Disposal Act. Increased biofuel blending affected USTs, requiring compliance with federal compatibility requirements.
• September 2006 – EPA provided grants to states for assessing and remediating UST facilities affected by hurricanes.
• 2007 – EPA strengthened partnerships with tribes for UST programs in Indian country.
• February 2009 – $200 million from the American Recovery and Reinvestment Act allocated for cleaning up UST contamination.
• September 2011 – EPA analyzed LUST cleanup data, identifying key findings and opportunities to reduce the LUST backlog.
• June 2015 – EPA’s guide on investigating and assessing petroleum vapor intrusion from UST releases was published.
• July 2015 – EPA revised UST regulations emphasizing proper operation and maintenance of UST equipment.
• September 2018 – Over one million UST facility inspections conducted to help maintain compliance and prevent releases.
• October 2019 – UST industry partners developed practices, codes, and standards to help detect and prevent UST releases.
• January 2021 – Executive Orders emphasized prioritizing environmental justice and protecting public health and the environment.
• December 2021 – EPA and partners cleaned up over 500,000 UST releases since 1987. EPA continues commitment to collaborating with UST partners to protect soil and groundwater from UST releases.

Key Developments in UST Regulations

1988 Performance Standards – In 1988, the EPA published “Must for UST,” a document informing UST owners about the regulations governing their tanks, including leak detection, overfill prevention, spill containment, and the 1998 compliance deadlines. By December 22, 1998, all active regulated USTs were required to meet the initial 1988 performance standards. Despite these efforts, UST systems continued to fail, prompting further revisions to the regulations.

The Energy Policy Act of 2005 – On August 8, 2005, President Bush signed the Energy Policy Act, which included the Underground Storage Tank Compliance Act of 2005. This act aimed to prevent UST releases and expanded the eligible uses of the Leaking Underground Storage Tank (LUST) Trust Fund. It also introduced provisions for inspections, operator training, delivery prohibition, secondary containment, financial responsibility, and the cleanup of releases containing oxygenated fuel additives. States had until August 8, 2009, to develop and implement state-specific requirements consistent with the EPA’s guidelines.

The 2015 UST Regulation – On July 15, 2015, the EPA published updated UST regulations to strengthen the 1988 standards. These revisions emphasized the proper operation and maintenance of UST equipment to prevent and detect leaks. The 2015 regulation introduced new operation and maintenance requirements and addressed previously deferred UST systems. States had until October 13, 2018, to align their requirements with the EPA’s guidelines.

“Must for UST” was also updated in 2015 to reflect these new regulations, including key operational changes such as:

1. 1. Overfill Prevention Equipment Inspections: Equipment must be tested and operationally inspected every three years.
   2. Spill Bucket Testing: Spill prevention equipment must be tested every three years to ensure it is liquid-tight and operational.
   3. Sumps and Under Dispenser Containment (UDC) Integrity Testing: Tank owners must test sumps every three years to ensure they are liquid-tight.
   4. Annual Visual Inspections: Tank owners must visually inspect sumps, release detection equipment, and other components annually.
   5. Monthly Walk-through Inspections: Tank owners must conduct monthly inspections of spill buckets, fill caps, and release detection equipment.

Challenges and Future Directions

Today, approximately 500,000 USTs operate at 200,000 sites across the United States. Despite significant progress, with over 500,000 UST sites cleaned up since 1984, about 65,000 sites still require remediation. The aging UST systems pose ongoing challenges, particularly as many tanks are over 30 years old. Corrosion, climate change, and new fuels continue to impact UST operations.

The UST industry is undergoing significant changes, with a focus on transitioning to cleaner energy sources. Proposals like the Green New Deal aim to decarbonize the US economy, significantly changing the use of petroleum for transportation. This includes expanding electric vehicle manufacturing, building charging stations, and creating affordable public transit systems.

The evolution of UST regulations over the past 40 years reflects the growing recognition of the environmental and public health risks associated with leaking underground storage tanks. Through continued collaboration between the EPA, states, territories, tribes, and industry stakeholders, the goal remains to protect groundwater, ensure compliance, and transition to a more sustainable future.

Recommendations for UST Owners and Operators

Given the evolving regulations and the importance of protecting the environment and public health, it is crucial for UST owners and operators to stay vigilant with their UST maintenance and inspections. Here are some steps to ensure compliance and prevent leaks:

1. Schedule Regular Inspections: Ensure overfill prevention equipment, spill buckets, sumps, and release detection equipment are inspected and tested as per the latest regulations.
2. Update and Maintain Records: Keep detailed records of all inspections, maintenance, and any corrective actions taken. This documentation is essential for demonstrating compliance.
3. Train Your Staff: Ensure that your operators and staff are properly trained on UST regulations, operation, and maintenance practices.
4. Upgrade Older Systems: Consider replacing or upgrading UST systems that are aging or not compliant with current standards to prevent leaks and potential contamination.
5. Stay Informed: Keep up-to-date with any new regulations or guidelines issued by the EPA or state agencies to ensure ongoing compliance and protection of groundwater resources.

By taking these proactive steps, UST owners and operators can help prevent leaks, protect groundwater, and comply with federal and state regulations.