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EPA/SWER

RIN: 2050-AG46

Publication ID: Fall 2010

Title: Revising Underground Storage Tank Regulations--Revisions to Existing Requirements and Additions To Incorporate the Provisions of the Energy Policy Act
Abstract: The Underground Storage Tank (UST) regulations were first promulgated in 1988 primarily to prevent releases from retail petroleum marketers (gas stations) and other facilities into the environment. These regulations have reduced the incidents of contamination. However, there is a need to revise the regulations to incorporate changes to the UST program from the Energy Policy Act of 2005, as well as to update outdated portions of the regulations due to changes in technology since the 1980s. On August 8, 2005, President Bush signed the Energy Policy Act of 2005 (EPAct). Title XV, subtitle B of this act (entitled the Underground Storage Tank Compliance Act of 2005), amends subtitle I of the Solid Waste Disposal Act, the original legislation that created the UST program. There are key provisions of the EPAct that apply to states receiving federal UST funding but do not apply in Indian country, including requirements for secondary containment, operator training and delivery prohibition. As a part of this action, EPA plans to develop regulations for secondary containment and operator training to apply in Indian country and in states that choose not to obtain State Program Approval from EPA in order to achieve more consistent program results in release prevention and compliance. EPA also plans to develop regulations for delivery prohibition that EPA may apply in its enforcement actions. Both EPA and tribes recognize the importance of having requirements that can help to ensure parity in program implementation between states and in Indian Country, which is consistent with EPA's policy. Through this action, EPA will ensure federal enforceability of the EPAct provisions across the country. EPA will also use our knowledge of the program gained over the last 20 years to update and revise the regulations to make targeted changes to improve implementation and prevent UST releases.
Agency: Environmental Protection Agency(EPA)	Priority: Economically Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Proposed Rule Stage
Major: Yes	Unfunded Mandates: No
CFR Citation: 40 CFR 280 to 281
Legal Authority: 42 USC 6991

Legal Deadline: None

Timetable:

Action	Date	FR Cite
NPRM	03/00/2011
Final Action	To Be Determined

Regulatory Flexibility Analysis Required: Undetermined	Government Levels Affected: Federal, Local, State, Tribal
Small Entities Affected: Businesses, Governmental Jurisdictions	Federalism: No
Included in the Regulatory Plan: No
RIN Information URL: www.epa.gov/oust
RIN Data Printed in the FR: No
Agency Contact: Elizabeth McDermott Environmental Protection Agency Solid Waste and Emergency Response 5401P, Washington, DC 20460 Phone:703 603-7175 Fax:703 603-0175 Email: mcdermott.elizabeth@epamail.epa.gov Paul Miller Environmental Protection Agency Solid Waste and Emergency Response 5401P, Washington, DC 20460 Phone:703 603-7165 Fax:703 603-0175 Email: miller.paul@epamail.epa.gov