Both state and federal law regulate the use of underground storage tanks (USTs) in order to prevent soil and groundwater contamination. The federal government first began regulation and authorized a program for detecting, preventing and cleaning up leaks from USTs containing petroleum and other hazardous substances in 1984 as part of the Solid Waste Disposal Act. States then began to create their own regulations by the late 1980's.
Today, federal and state regulatory authorities work together to protect the public from dangers of underground storage tanks. Among other laws, the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and the Federal Energy Act all establish requirements for USTS and impose an obligation on states to monitor USTs within their borders.
Establishing State Laws on USTs
While the 1984 Solid Waste Disposal Act and the establishment of a 1986 trust fund called the Leaking Underground Storage Tank (LUST) Fund worked to help prevent the problem of leaking tanks, it was not until 1988 that minimum requirements were formally established for how federal authority would be delegated to states.
In 1989, Washington was one of the first states to begin establishing a UST program to meet federal requirements, and their program was one of the first approved in 1993. Many other states also began putting UST laws into place regarding safety features, monitoring of leaks and repair of leaks. Many states also began to develop assurance funds to help tank owners and operators meet Federal requirements established in 1986 mandating tank owners be insured for up to $1 million of financial liability. Most states collected the money for these funds through both tank and petroleum fees and use their funds to reimburse tank owners and operators who have to pay to remediate leaks.
In 2005, the Energy Policy Act of 2005 Title XV, Subtitle B expanded the requirements placed on states and on the EPA. The Act addressed mandatory inspections, imposed requirements for the training of operators or owners of tanks, instituted delivery rules and prohibitions, clarified responsibility for contamination, and information on cleanup, provided greater detail on cathodic protection systems and how they should be operated and maintained, and addressed interstitial monitoring for replacement components to UST systems. The Act also expanded the purpose of the LUST fund to provide greater eligibility for access to the funds for cleanup purposes. States were required to respond to these new requirements, in many cases aided by federal funding to put new regulations and programs into place.
Individuals operating underground storage tanks must be aware of both state and federal requirements for leak prevention and remediation. It is also important to note that certain tanks, called "farm tanks" used by farmers and ranchers may be subject to less stringent requirements if they are less than 1,100 gallons.
Because both state and federals laws are continually evolving in this area to provide greater protections against leaks, it is also important for tank owners or operators to ensure that they are in compliance with the law at all times. An attorney who specializes in agricultural and environmental issues can assist those with questions about the law to ensure they are fulfilling all that is required of them.