Secondary Containment/Financial Responsibility and Installer Certification

Overview

This section mandates states to require either evidence of financial responsisbility and installer certification or secondary containment and under-dispenser containment for new and replaced underground storage tank systems.  (Section 1530 of the Energy Policy Act of 2005) 

Under the financial responsibility option, it is required for the state to implement regulations requiring any manufacturer or installer of an underground storage tank system to maintain evidence of financial responsibility and installer certification.  The manufacturer or installer would then provide for the costs of corrective actions directly related to releases caused by improper manufacture or installation.  This provision does not alter or affect the liability of any owner or operator of any underground storage tank.  Additionally, the state would require that any person who installs an underground storage tank system meets one of the following criteria:

  • Be certified or licensed by the tank and piping manufacturer
  • Be certified or licensed by the EPA Administrator or the state
  • Have the installed system certified by a registered professional engineer
  • Have the installed system inspected and approved by an EPA Administrator or the state
  • Be compliant with a code of practice that was developed by a nationally-recognized association or independent testing laboratory
  • Be compliant with a method that has been determined to be no less protective of human health and the environment by the EPA Administrator or the state

On January 22, 2007, EPA issued the financial responsibility and installer certification grant guidelines.  These guidelines include definitions, requirements, criteria and options for states choosing to implement the financial responsibility and certification provision. 

Under the secondary containment option, it would be required to provide secondary containment and interstitial monitoring for each new or replaced tank and associated piping within 1000 feet of an existing community water system or an existing potable drinking water well.  Also under-dispenser spill containment must be provided for new dispenser systems within 1000 feet of an existing community water system or an existing potable drinking water well.  These requirements do not apply to repairs meant to restore a tank, pipe, or dispenser to operating condition.  The minimum requirements for a system to meet secondary containment provisions state that the system shall be designed, constructed, and installed to:

  • Contain regulated substances released from the tank system until they are detected and removed
  • Prevent the release of regulated substances at any time during the operational life of the system
  • Be checked for evidence of a release at least every thirty (30) days

On November 15, 2006, EPA issued the secondary containment guidelines.  These guidelines include definitions, requirements, and examples for states choosing to implement the secondary containment provision.

The new secondary containment guidelines which was issued by EPA, states the regulations and requirements for tank installation which became final on October 20, 2008.

Local Response 

Representatives from LEDQ and representatives from the local UST community developed a secondary containment rule for new installations or replacement UST systems throughout Louisiana.  The rule sets requirements for all UST systems installed after December 20, 2008.  After that date, secondary containment and submersible pump containment must be installed for all new installations or replacements of tanks and/or piping.  It also requires owners and/or operators to install under-dispenser containment and submersible pump containment.  The rule may also impact certain repairs to tanks or piping made after December 20, 2008. 

Click here to view this rule in its entirety.

 

 Deadlines

February 8, 2007

States receiving funding under Subtitle I of the Solid Waste Disposal Act must implement secondary containment or financial responsibility requirements

 

 


 

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