Underground Storage Tank (UST) Compliance

Overview

1523 of the Energy Policy Act amends the inspection provisions in Section 9005 of the Solid Waste Disposal Act (SWDA). More specifically, it adds additional requirements for underground storage tank (UST) system compliance inspections for states receiving Subtitle I funding. On April 24, 2007, EPA issued the final grant guidelines for these compliance inspections. (View the grant guidelines) The guidelines identify which underground storage tanks were to be inspected, the requirements for the on-site inspections, who is authorized to perform the on-site inspections, and the reporting requirements to EPA. The deadline for the completion of the inspections is August 8, 2007, and following the completion of this round of inspections, each underground storage tank shall be re-inspected for compliance at least once every three years.

Local Response

LDEQ worked closely with LDEQ Contractors and EPA Inspectors in order to meet the initial requirement set forth by this section of the UST Compliance Act – inspecting all un-inspected UST facilities prior to August 8, 2007. In 2007, LDEQ performed 457 inspections, LDEQ Contractors performed 314 inspections, and EPA Contractors performed 913 inspections. The result of this collaborative effort was that Louisiana met the initial requirement of this section of the UST Compliance Act on August 7, 2007, and began planning for the next phase of this section- the three year inspection cycle. As of December 2021, LDEQ has completed four 3-year inspection cycles and is currently in the middle of the fifth 3-year inspection cycle.

Overview

This section requires the development of training guidelines for those who operate and maintain federally-regulated underground storage tank systems (Section 1524 of the Energy Policy Act of 2005). EPA, the states, and other states worked closely together to develop the operator training grant guidelines. These guidelines define three distinct classes of UST operators, describe the how and when the guidelines will be implemented within the states, and provide operator training deadlines. 

• Louisiana  UST Operator Training Seminar registration
• UST Operator Training Program Fact Sheet
• UST Operator Training Final Regualtions in LAC 33:XI. Chapter 6 - click here
• Operator Training FAQs

Overview

The Energy Policy Act of 2005 mandated states to require either evidence of financial responsibility and installer certification or secondary containment and under-dispenser containment for new and replaced underground storage tank systems.

In order to meet these federal requirements and develop regulations, the Louisiana Department of Environmental Quality (LDEQ) formed a work group consisting of LDEQ staff, owners, operators and installers of UST systems and representatives of LOMCSA. After extensive research and discussions with stakeholders, LDEQ proposed Secondary Containment for UST Systems regulations (UT014) on June 20, 2008. The public comment period ended and the rule became final on October 20, 2008.

This new rule requires all UST systems installed after December 20, 2008 to have secondary containment (double-walled or jacketed tanks and piping) with monthly interstitial monitoring provided on both the tanks and the piping. Interstitial monitoring of double-walled or jacketed tanks and piping can be conducted either continuously by means of an automatic leak sensing device that signals to the operator the presence of any regulated substance in the interstitial space, or manually every 30 days by means of a procedure capable of detecting the presence of any regulated substance in the interstitial space.

If a single-walled underground storage tank was placed in the ground at the location where was to be put into service prior to December 20, 2008 the UST owner was allowed 90 days (until March 20, 2009) to complete the UST system installation without having to comply with the secondary containment requirements.

If 25% or more of a piping run to any one UST is repaired or replaced, the entire piping run must be secondarily contained with monthly interstitial monitoring.

UST systems installed after December 20, 2008 are also required to have under-dispenser containment and submersible pump containment.

After December 20, 2008 under-dispenser secondary containment (UDC) sumps are required under the following conditions:

• in any installation of a new dispenser at a new facility;
• in any installation of a new dispenser at an existing facility where new piping is added to the UST system to connect the new dispenser to the existing system; and
• in any installation of a replacement dispenser at an existing facility where the piping that connects the dispenser to the existing piping is replaced, including replacing the metal flexible connector, riser, or other transitional components that are beneath the dispenser and the impact shear valve and that connect the dispenser to the piping. Replacing an existing dispenser where no piping and none of the piping that connects the dispenser to the existing piping are replaced does not require the addition of an under-dispenser containment sump.

After December 20, 2008 secondary containment for submersible pumps is required under the following conditions:

• in any installation of a new STP at a new facility;
• in any installation of an STP (the entire STP, STP housing, and riser pipe) at an existing facility where new piping is added to the UST system to connect the new STP to the existing system; and
• in any installation of a replacement STP (the entire STP, STP housing, and riser pipe) at an existing facility where the piping that connects the STP to the existing piping is replaced. Replacing the metal flexible connector with a single-walled flexible connector requires the addition of a containment sump. Replacing the metal flexible connector with a double-walled flexible connector does not require the addition of a containment sump as long as the newly-installed STP is secondarily contained. Replacing an existing STP where no piping is replaced does not require the addition of STP secondary containment.

UDC and STP containment sumps installed after December 20, 2008 must be liquid-tight on sides, bottoms, and at penetrations, and be maintained free of storm water, debris, and regulated substances. Regulated substances spilled into any UDC or STP sump shall be immediately removed upon discovery to the maximum extent practicable.

After October 20, 2008 all spill buckets must have liquid-tight sides and bottoms and be maintained free of regulated substances. Regulated substances spilled into any spill bucket must be immediately removed.

These actions were taken to maintain federal funding and delegation of the UST program in the State of Louisiana. This will further enhance our effort to maintain protection of human health and the environment by allowing new UST systems to contain and detect product leaks before they enter the environment. The UST regulations (LAC 33:XI – Underground Storage Tanks) can be reviewed on our website.

The UST Division gave presentations on the new secondary containment regulations to certified UST installer and repair contractors in March 2010. A copy of the presentation is available on the LDEQ ENVIROSCHOOL Library page: https://www.deq.louisiana.gov/assets/docs/About_LDEQ/enviroschool/ENVIROSCHOOL-Secondary-Containment-March2010.pdf.

If you have any questions or need further clarification of these new regulations, please feel free to call Samuel Broussard of LDEQ’s UST Division, at samuel.broussard@la.gov or 337-262-5744.

A consortium of representatives from U.S. Environmental Protection Agency (EPA), states, underground storage tank owners, and the product delivery industry developed the guidelines to implement the delivery prohibition provision in Section 9012 of the Solid Waste Disposal Act (SWDA), enacted by the Underground Storage Tank Compliance Act. The guidelines, issued August 7, 2006, established the minimum requirements a state’s delivery prohibition program must meet in order to comply with the delivery prohibition provision of the Energy Policy Act of 2005. 

Following the issuance of these guidelines, LDEQ worked diligently to meet the implementation deadline of August 8, 2007. A collaborative effort from a work group made up of LDEQ and industry representatives resulted in the development of regulations which were adopted as Louisiana rule on September 20, 2007.

The rule establishes standards for the red tag/delivery prohibition of regulated substances for underground storage tanks. The rule defines the responsibilities of the tank owners/operators and product deliverers to ensure that product is not delivered, deposited, or accepted into an ineligible UST system. Furthermore, it defines those UST systems that are affected and the requirements that the owner/operator of the UST system must meet in order to continue to receive delivery of fuel, as well as situations when the department may prohibit the delivery of fuel. These regulations prohibit the delivery of regulated substances for UST systems that are discovered not to meet the required 1998 standards or are not compliant with spill prevention, overfill protection, release detection, corrosion protection, financial responsibility, or registration requirements in accordance with LAC 33:XI. Click here for more information regarding these regulations: LAC 33:XI.Chapter4.Sections 401 and 403

 

On March 14, 2008, LDEQ issued a Notice to all UST Owners and Fuel Distributors regarding Red Tagging of Fill Ports/ New UST Delivery Prohibition Process. This notice was sent to inform those persons that beginning April 15, 2008, the LDEQ UST Division will begin implementation of these Delivery Prohibition regulations. At this time certain USTs will be classified by the department as ineligible for delivery, deposit, or acceptance of product by means of "Red Tagging." At this time LDEQ will immediately "Red Tag" any tank/tank system that:

• is not registered
• do not meet the 1998 upgrade requirements (no corrosion protection, no spill prevention, or no overfill protection)
• no established release detection method
• has released product, but the release has not been addressed

LDEQ will also "Red Tag" tanks/tank systems with other violations such as: no financial responsibility or deficiencies in the operation and maintenance of release detection, corrosion protection, or spill and overfill protection. For these violations, the facility must correct the deficiency/deficiencies within 30 days of being notified by LDEQ. If after that time the deficiency/deficiencies are not corrected, physical red tags will be tied around the affected tank fill ports. The facility will be allowed to sell the remaining fuel in the affected tank(s), but it will be unlawful to deliver fuel into the affected tank(s) until the tank/tank system has returned into compliance with the regulations (LAC 33:XI.403C).

If it is discovered that any fuel is delivered into a UST that has been "Red Tagged," LDEQ may take enforcement action against both the UST owner and the fuel distributor. These violations can result in penalties up to $32,500 per event. In order to provide adequate notice to product deliverers, LDEQ will publish a list of "Red Tagged" facilities on this website. This list will be updated whenever facilities are added and removed from the list. The red tagged facility list can be found at: UST Red Tagged Facilities

This section manages the records of underground storage tanks that are regulated under Subtitle I (Section 1526 of the Energy Policy Act). This amendment requires states to provide the public information on the percentage of tank compliance; the numbers of underground storage tanks, facilities, and inspections; information on confirmed releases; as well as sources and causes of releases. These records must be to be maintained, updated, and made available to the public by the state. These guidelines describe the minimum requirements that a state's public record program must adhere to in order to comply with the statutory requirements. The guidelines include:

• Developing and maintaining the public record
• Making the public record available to the public
• Content required for the public record
• Ensuring data quality
• Means to demonstrate compliance with the guidelines

EPA's final guidance for public record requirements was issued in January 2007. The states had a deadline of September 30, 2007, to develop a program for gathering information for the public record. Louisiana issued its official response to EPA regarding the public record requirements of the UST Compliance Act on September 28, 2007, and began collecting the required information on that date.  LDEQ posted its first Public Record report (for the period of 10/1/07 to 9/300/08) on December 23, 2008.

Public Record Summary Information Archives

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Section 1526 in this provision of the UST Compliance Act requires states to report on the compliance status of federal, state, and local government-owned and/or -operated underground storage tanks. Each state must submit a state compliance report on government underground storage tanks to the EPA no later than August 8, 2007. The report shall include a list of the location and owner of each underground storage tank, the date of the most recent compliance inspection, and any actions that have been and will be taken to ensure the compliance of the underground storage tanks on this list.

On April 24, 2007, EPA issued the final grant guidelines for state compliance reports on government underground storage tanks. The primary purpose of these guidelines is to define what information must be included in a state's compliance report. They also highlight how states will demonstrate copmliance with these guidelines and how EPA intends to enforce them.

Local Response

In order to meet the provisions of this section of the UST Compliance Act, LDEQ worked with LDEQ Contractors and EPA Inspectors. Through a joint effort all 243 UST facilities owned by federal, state, or local governments received an inspection by the August 8, 2007 deadline. To view LDEQ's provided a report to EPA identifying and reporting compliance issues related to government owned and/or operated tanks in the state of Louisiana, click on the following link:

State Compliance Report on Government Owned and/or Operated USTs

• August 7, 2007
• October 10, 2008